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?


Asked on 3/05/07, 4:23 pm

2 Answers from Attorneys

Michael Shultz Law Firm of Michael M. Shultz, P.A.

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.

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Answered on 3/06/07, 8:22 am
Michael Shultz Law Firm of Michael M. Shultz, P.A.

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.

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Answered on 3/15/07, 3:46 pm


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