Waycross, GA asked in Employment Law and Employment Discrimination for Georgia

Q: I got fired cuz I had a Dr's note not to work

1 Lawyer Answer
Kimberly N. Martin
Kimberly N. Martin
  • Employment Law Lawyer
  • Atlanta, GA
  • Licensed in Georgia

A: I'm sorry that you were terminated for turning in a doctor's note. Under the American's with Disabilities Act, an employer cannot terminate an employee on the basis of a disability or because they perceive the employee as having a disability. If an employee has a disability under the ADA, it may be a reasonable accomodation to permit them to take time off from work, go to doctor's appointments, etc. Additionally, under the Family with Medical Leave Act (FMLA), if an employee qualifies, they are entitled to take off up to 12 weeks per year for a serious medical condition. They can take time off intermittently meaning take a day or more off whenever they need to. They do not need to take the 12 weeks consecutively. The bottom-line is that it depends on what your medical condition is that required you to take off. A free consultation with an employment law attorney could be very beneficial to see if you qualify under the ADA or the FMLA.

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