Legal Question in Employment Law in New York

Medical Excuses for Work

My job has a policy that within a one year period you cannot call off more than 3 times. After the third time you must have a doctor's excuse but this is the problem. We were informed (on a ''need to know'' basis) that doctor's excuses for our children will not be accepted. If I call in for a 4th time and bring in a note from my son's doctor I will be fired. I am a single mother and if my son is sick I do not have a choice but to care for him, my son is a baby. Is this ok for them to do this?


Asked on 8/28/03, 6:27 pm

1 Answer from Attorneys

Chris Edelson Chao & Edelson, L.L.C.

Re: Medical Excuses for Work

The Family and Medical Leave Act may apply to your situation if, among other things, your employer has 50 or more employees and you have been employed by your employer for at least 12 months having worked for at least 1,250 hours over those 12 months.

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Answered on 8/29/03, 8:05 am


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