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Employee has not return to work an was given a dr. note from dermatologist to return she is being treated for a rash. she decides to go to a therapist because she is so upset about the rash that she claims she has mental stress now and can not work yet. Therapist gives employee a note stating she might be able to return July 1, 2014, She is employed at a daycare center and this position needs to be filled. Can she be terminated without the employer getting sued?