Could a person get terminated from a job due to pregancy complication with an open doctors note in Virgina?
Asked on Oct 16th, 2012 on Business Law - New Jersey
More details to this question:
My doctors note is open and explaining the complication without an expiration date but the I will return when things get better even if it's after delivery?
This is a difficult, unpleasant and relatively frequently asked question.
As a general matter, an employer is free to terminate the employment of an employee who fails to report for work. This is so even if the reason for absence is a bona fide illness, whether or not the employee has documentation.
There are some exceptions to this rule, but they do not seem to apply. One exception is that pregnancy must be treated like any other illness. However, it does not seem that pregnancy was the reason for this discharge. Another exception is that, under certain circumstances, an employee is entitled to insist on unpaid leave for pregnancy. It does not appear that you requested such leave, so that exception likewise would not apply.
You may wish to consult with a employee-side labor attorney.
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