Legal Question in Medical Leave in Tennessee

Job absence with medical excuse

My husband's employer is threatining to terminate his job b/c he recently missed a few days of work for chest pain. He was treated on two different occasions at two different hospitals within the past 3 days. Both doctors advised him to return to work on Friday. Doctor's excuse were written and submitted to the employer the following days. Can his employer legally terminate his job even though his absences are medically excused?


Asked on 9/01/04, 8:00 pm

1 Answer from Attorneys
James R. Becker, Jr. Becker Law Firm

Re: Job absence with medical excuse

The answer would be maybe. It depends in part on whether or not he would be eligible for Family and Medical Leave Act ("FMLA") leave for the time of his absence. From your description, it sounds like his condition may be borderline for constituting a "serious health condition." In part a further analysis will depend on what the doctors told your husband and what his treatment plan is.

I would recommend that your husband consult with an attorney to determine his legal rights in this matter. If you would like to set up a consultation, I can be reached at [email protected].

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Answered on 9/02/04, 9:57 am


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