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Can you be fired being off work with a doctors note?
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Can you be fired being off work with a doctors note?

If you are off work with depression and its proven by a doctor with a doctors note can your work place fire you?


Unless you are on a FMLA leave you can be let go if you can't do the job. In at will states you can be fired for any reason. If you are in a treatment program they have to treat you like you were at work so if they lay off a department you are in you can be cut but not if you are in say a 30 day alcohol treatment program and nobody else is let go they can't let you go.

I know in my company even with a doctors note if a chronic illness prevents someone from working it can be cause for termination. But we give 6 sick days and than 6 written warnings. and if youve been with the company for more than a year you have the option of medical leave

You don't say where you are. If you are in the US, yes you can be fired.

Dr.s don't pay your salary, the company does they are under no obligation to keep unless you qualify for FMLA, it may be unfair but not illegal

Yes, but not before they have gone through the procedures that prove you are no longer able to do your job, and will not be in the foreseeable future.

Are you in the UK ?

Debbie H
I would say most certainly not. If they did you would have massive grounds for compensation. If you are from uk go to ACAS website - they will help.

I don't believe so

depends on the state u live in. Louisiana is a right to work state and that means that you can get fired for any reason they want If you think that is why u might be fired then sue...if they have a weak case you will win but if you have paperwork with warnings on it you will lose.

raw is correct - but you could take them to an ET for disability discrimination and MH comes under that category.


No, I don't think they can do that to you. You aren't legally obliged to provide a sick note until you have been off for 7 days. On the 7th day, you must obtain a line from your doctor. The 7 days do include weekends though, even if you aren't contracted to work them so if you were off from say thursday, you would need a note from the following wednesday.

i think that if its continuous and there isn't an improvment in your condition likely, your employer can recommend that you take a career break (if your company offers this scheme) or discuss whether you should still be in employment with them if you aren't fit to do your job. this is in the case of long term chronic illness.
But if you've been off for a matter of weeks rather than months, then no, they can't legally fire you for that. They could suspend you if they had grounds to believe the sick note was fardulent and they can request your medical record from your doctor to prove the illness was genuine. They can only do this with your consent given to the employer AND your doctor prior to request.

Good luck!

how long have you been away, and what does the doctors note say, its generally that the note only has a limited time, so you must have more than one. suggest that they can't just fire you, it doesn't work that way, however if for any reason you have had several verbal, and written warnings on your record, then its possible. why not speak with your employers personnel team, assuming there is one, or someone in a senior position. Companies can't just fire people if they are off with an illness, they have to have serious grounds for your dismissal.

No they cannot fire you. If they do you have the legal right to sue them for wrongful termination. If you have a legit medical problem you need to file for disability with your state. It's easy to do and you'll need to take a form to your doctors office to be signed by them.

If you've already been fired " Seek legal advice " don't wait!

according to law if u have informed the company and have the medicla proff as in ur case "no' u cannot be there is something called "stress leave' which can be availed . moreover if ur boss is not happy with ya thn no cn save u the best way is to avail a sick leave and get over ur thing . and remeber to keep ur personel and profesional life separate both entering into each other is goin to ruin ur life on the whole

i been going to physical therpy for a little over a month 2 times a week every weeek i give my job the paper with times and dates for that therpy for bad muscle spasms. i wasnt getting any better my back went alll the way out on a sunday i could not walk till that tuesday so yes i called out that monday tuesday i went to therpy i was in so much pain they just did heat treatments right after that apptment i went to the next doctor and told him something else is wrong he done a mri he took me out of work till the results come back plus the pain was so unbearable the note was from sept 18 to sept 25 i took the note right to my job on the 18 they fired me the next day but i did not know till sept 21 and also i could not drive on the meds the job knew this i understand that my not being there is a inconvince to the job i just want to know if i can draw unemployment nobody is going to hire me right now when they find out i still have to take physical therpy for a few more months

Hi, My partner who is 55 years and has worked for local government in the UK for 40 years fell ill in Sept.2010 with stress, anxiety & depression. He was put on Prozac and had a very bad reaction from it for 6 weeks and to combat the side effects used alcohol. He was then put on Citalopram but unfortunately his drinking continued and he is now waiting to go into detox & rehab. But his work wants to assess his situation using a private Occupational adviser and possibly sack him. Is this legally possible? especially as his GP is still providing him with sick certificates saying he is unable to work. Any helpful advice would be appreciated. Thank you.

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