can a person who has been sick from work with a dr. sick note be dealt with in a disciplinery manner?

Answer 1

it depends on who you work for and the written policy... in the USA we have a law that prevents disciplinary actions against those who are on FMLA... however, the employee must have filed the paperwork for FMLA... it's the family medical leave act.

Answer 2

It depends. Each company will have it's own sick days regulations, but I believe legally speaking you are allowed up to five days without even a doctor's note, and then after that would be required to produce a doctor's certificate. But most places of work also require that you phone in every day BEFORE your due start time to let them know that you will not be able to make it that day. So if they DO require that, but you have not done it, then they could discipline you on that, but if you have followed all the sick rules in your employment handbook (which they legally have to provide you with), then you shouldn't be being disciplined. Hope that helps! Good luck, and don't let any employer mistreat you legally speaking.

Answer 3

depends on what the person signed at the beginning that outlined the rules of sick days etc... there is usually a guideline that everyone is required to sign. If it says that you can be out with a Dr. s note with out repromand then the employer can not do anything about it

Answer 4

It depends if the disciplinary is related only to that period of sickness or if there are repeated levels of sickness.

The standard practice if the company has concerns over excessive sickness levels is to request medical information from the GP, this can only be done with the employees consent.

I would be quite suprised at a company that went straight into a disciplinary for one bout of certified sickness, they could find themselves come unstuck if it went to tribunal.

Answer 5

No -- being sick is not as disciplinary matter. It is an inefficiency matter and that means it is a little bit different. They must give you the opportunity to improve your attendance but ultimately they have a right to expect that you attend your workplace and fulfill your contract of employment. If you do not then they have the right to terminate your employment. Or in other words - fire you. If they do not give you the opportunity to improve your attendance and fire you immediately then you can take them to an Employment Tribunal for unfair dismissal. Join a trade union!

Answer 6

Depends what the disiplinery action is for. Id say yes. I know someone who was sacked while off sick.
Thats not to say you cant go to a tribrunal and let them look at all the facts.
get some legal advice. Good luck.

Answer 7

No. Doctors word is taken as gospel. How can employer prove otherwise??

It depends on absolutely nothing. Has nothing to do with sick days taken or illness you had. If doctor says take two days off, you take two days off and your employer can do absolutely nothing! Contact citizens advice.

Answer 8

May depend on their previous record, or whether they have a pre existing condition like diabetes etc. but I would say if record in the past pretty clean then this employer would have to have a good reaosn to chance this (could sound like harrassment)

Answer 9

the law states that all employees must keep reasonable contact with there employer while off sick.....if the employer has reason to believe that your claim to sickness is untrue, then he may ask for your medical records...of course with your consent....but i cant say that it is a case for disciplinary measures, unless you are missing some information out.......if your not sure contact the employment law helpline or acas, they will be able to help you.

Answer 10

yes but they can only be disciplined for the level of sickness not for the reason.