I’m in Texas, and at my job, if you miss three days, you need a doctor’s note. Can my boss ignore this note and still write me up or even fire me for missing days? And what if I was in the hospital? I’m an hourly full-time employee and am just trying to understand where I stand here.
Unless your time off falls under FMLA or ADA, which both need medical documentation, your employer doesn’t have to take a doctor’s note seriously… it doesn’t hold any legal power here.
Yes, they can fire you for these reasons. But if you followed the rules for being absent and still get fired, you should qualify for unemployment. Texas Workforce Commission (TWC) will review what led to your firing. If it was because you were sick or hurt, they likely won’t count it as misconduct, even if your boss says it broke company policy.
Unless this is covered by FMLA, Texas has no other protections for this kind of situation. Doctor’s notes aren’t legal documents here and can be accepted or rejected at will. Even if accepted, it doesn’t guarantee any protection. In an at-will state like Texas, your boss can fire you for any reason (or none at all), with or without notice.
Hard to say without knowing things like your attendance history or if you’re eligible for FMLA. But yes, they can give you disciplinary action, including firing, for unscheduled absences, no matter the reason.
@Ira
This is actually for my nephew. He works at my old job, and I know the company has had to settle out of court before for firing people illegally.
He doesn’t qualify for FMLA, as far as I know. He got pneumonia last week and couldn’t work. He went to urgent care and sent his doctor’s note before his shift.
Now, his boss is saying he ‘might not accept’ the note. I was just wondering what options he has. Thanks for the input.
@Jess
That’s a terrible boss to be dealing with.
@Jess
If he’s been there more than a year and the company has 50 or more employees within 75 miles, FMLA should cover him for pneumonia if he files the right paperwork. Pneumonia is definitely a serious condition.
Now the boss is saying he ‘might not accept’ the note.
Not sure what your boss means by that, but legally, they don’t have to accept a doctor’s note.
Are you eligible for FMLA? You can check the requirements here.
In Texas, if you miss three days of work, you need a doctor’s note.
There’s no Texas law that says this; it’s just your company’s policy.
Can an employer reject this and write you up? Can you be fired even if you gave a doctor’s note? Can they fire you if you were in the hospital?
Yes, yes, and yes… unless FMLA applies.
Yes, doctor’s notes don’t carry any legal weight. They’re more of a courtesy than anything else.