ANSWERS: 16
  • Depends on your employer and YOUR track record.
  • What does it say in your employee handbook? the employer has to follow the rules, just like everybody else. I don't know what you mean by punish. I never heard of an employer who had the right to "punish" people.
  • Depends on what your company policy is, but I would say no as long has you have complied with company policy. If the company reprimands you, then you can have a case with the labor board. Doing this is kind of self defeating because after all said and done the company can make you job a miserable place to work.
  • Bottom line, yes.
  • Where I work, we never "punish" anyone for taking sick leave, however, someone who is continually taking time off is obviously not benefitting the company. Even with a doctor's excuse, we have had to let people go before -- like AB Guy said in his answer, it depends on your track record. If you're doing a good job and your dependable, but you had to take time off for medical reasons, then you shouldn't be in jeopardy. But, if you're constantly missing days (sick, child is sick, no sitter, car broke down, whatever) or if you're often late, or not performing at your peak, then taking sick leave can be a reason that you're let go from your position (the straw that broke the camel's back).
  • Yes you can be disciplined if you have exceeded the maximum of allowable instances of sick time in any allowable period. For example at my last job if you had more than 4 unexcused instances or 8 days in any 12 consecutive month period the employer can give you a written warning. Instiances are consider times so if you were out for 3 straight working days with no holidays scheduled vacation days or regularly scheduled days off in between that counted as one instance. An unxecused instance for their policy was any time that was not approved in advance irregardless of whether or not you had a doctors note. Of course there were exceptions to the policy for people who had very legitimate medical conditions that required them to miss alot of work such as someone on kidney dialysis or someone undergoing chemo for cancer. As far as someone with alot of common colds or things like that usually there was no exceptions. So long as it was not in violation of state law the company policy was administered across the board fairly and it was clearly written out what the policy was you wouldn't have a leg to stand on if you went before the labor board for being disciplined or fired unless you can prove you were discriminated against. After the initial write up if you took off again without prior approval it was escalated to a final warning then the next incident could result in termination of employment for excessive absenteeism
  • Yes and no. If you have an employment contract (or a CBA), the answer depends on what the contract says. If not, an employer generally has the right to fire you for missing work, even if you are sick. An exception to this is is the Family Medical Leave Act (a federal law) that mandates an employer give up to 12 weeks off of unpaid leave for certain personal or family medical needs. However, the FMLA only applies if you have been with an employer over a year and you have worked a minimum number of hours in the preceding 12 months. Also, some states have minimum leave laws as well, but these vary widely by state.
  • i would review the family medical leave act if I were you. All employers are required by law to post the act, usally in the breakroom or human resources office. You can also look it up online. When in dobt, call the department of labor
  • The FMLA only applies if there are 50 or more employees in the place. But if all requirements of FMLA are met, then legally you're employer can be in a lot od trouble. Plus you have to provide medical proof of the illness.
  • I don't think they should be allowed to but mine does :(
  • Labour laws differ greatly nation to nation -- the answer to your question would depend on what nation you reside in.
  • Punish you how? My experience has been that employers can pretty much do whatever they want unless you have FMLA in place that protects you for chronic medical conditions.
  • Employers can (and do) do whatever they want regardless of legality. It all boils down to money. If they think they can get away with it, they will...or if they think it'll be cheaper in the long run even if they do get "caught", they'll do it. Example: They can fire you based on a fake "problem", even though they're really firing you for sick time off. This happened to me, one month after returning to work from a doctor's requested leave-of-absence. I lived in Michigan, and was covered by insurance, FMLA, corporate mandated "ethics" training which specifically prohibited it, all that stuff. Not a damn thing I could do about it. Watch your back, because no one else will (reliably) do it for you.
  • not legally
  • this is a gray area, I worked for a bottle maker in NJ and excused absences didn't exits. you could have 5.75 point in 1 year, the aniversary date of an absence would remove a point. If you got 6 pts you were termed. you had 4 personal days per quarter and 2 weeks vacation. if you were out for more than 3 day you went on the states disability you still would recieve 1 attendance point for this. your note is weak, you may be contagious,but that does not mean you are disabled. To go on njsd you had to be unable to do your job. In most of the US an employer can punish you
  • i would say no, but check your contract for any clauses.

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