Legal Question in Employment Law in Kansas
Absence w/ Doctors Note
Can an employee legally be written up by an employer for calling off from work after being advised by a doctor and obtaining a doctors note? If a company can not provide this policy to be be viewed, is this illegal?
2 Answers from Attorneys
Re: Absence w/ Doctors Note
Unless your absence would be covered under the FMLA (a serious illness and your employer has 75 employees), then there is little protection for medical absences. If this is just a normal doctor's visit, the employer has the right to do pretty much whatever he wants. Finally, if the accident was part of a work-related accident, the employer cannot hold the absence against you.
Re: Absence w/ Doctors Note
A kind reader noticed the mistake in my original answer. I should not answer questions before I am awake! The threshold for the FMLA is 50 employees for private employers. The law goes on to state that for an employee to be covered the employer (public or private) must have 50 employees within 75 miles of the place where the employee works.