HOW TO USE DOCTOR’S EXCUSE NOTES

There are three (3) important things to consider when using a doctor’s excuse
note for work absences:

      1) Your company’s policy regarding work absences. You maybe surprised to
learn that you can be fired due to absence even with a doctor’s excuse note.

      2) Your membership in a union or your employment under a contract. Be sure

to check the union rules or your employment contract regarding work absences.

      3) The state in which you work.  Most states employ on an ”at will” basis
which means they can fire you for any reason without cause even with a doctor’s
excuse note.  However, there are exceptions depending on the state in which
you work.

Exceptions to “at-will” employment By State

Most states employ on an “at will” basis which means they can fire you for any
reason without cause even with a doctor’s excuse note. However, there are
exceptions depending on the state in which you work.

The exceptions involve:

1. Public Policy Exception - If your state has this they would have difficulty
firing you with a doctor's excuse note if it violates a state statutory right
already on the books.

2.  Implied Contract Exception - If your employer has given you a contract

or implied that your hiring would be long term (even if it is not in writing)
they would have difficulty firing you with a doctor's excuse note if it violates
that implied or expressed agreement.

3.  Covenant of Good Faith and Fair Dealing - If your job performance has
as exemplified by

       “good “evaluations, raises, or advancement they would have difficulty firing you
with a doctor's
         excuse note if it violates that implied or expressed agreement.

State  Public Implied-contract Covenant of

policy exception exception good faith and fair dealing

Total 43 38 11
 Alabama no yes yes

Alaska yes yes yes

Arizona yes yes yes

Arkansas yes yes no

California yes yes yes

Colorado  yes yes no

Connecticut yes yes no

Delaware yes no yes

District of Columbia yes yes no

Florida no no no

Georgia no no no

Hawaii yes yes no

Idaho yes yes yes

Illinois yes yes no

Indiana yes no no

Iowa yes yes no

Kansas yes yes no

Kentucky yes yes no

Louisiana no no no

Maine no yes no
 Maryland yes yes no

Massachusetts yes no yes

Michigan yes yes no

Minnesota yes yes no

Mississippi yes yes no

Missouri yes no no

Montana yes no yes

Nebraska no yes no

Nevada yes yes yes

New Hampshire yes yes no

New Jersey yes yes no

New Mexico yes yes no

New York no yes no

North Carolina yes no no

North Dakota yes yes no

Ohio yes yes no

Oklahoma yes yes no

Oregon yes yes no

Pennsylvania yes no no

Rhode Island no no no
 South Carolina yes yes no

South Dakota yes yes no

Tennessee yes yes no

Texas yes no no

Utah yes yes yes

Vermont yes yes no

Virginia yes no no

Washington yes yes no

West Virginia yes yes no

Wisconsin yes yes no

Wyoming yes yes yes

Source: Adaptation from “State Common Law Wrongful Discharge

Doctrines”
             By David Walsh and Joshua Schwartz

We are not lawyers and this is not intended to be a substitute for legal
advice from lawyer.