Can you denied sick leave if you have a Dr. excuse. I have the sick time accrued but my check was docked.?

Question

I was out 3 days with phenomia and have an excuse and I called in to the office every day. Is this legal?

I am not part of a Union and have no collective bargain agreement. I work for an association. We just got a new Interium Executive Director and he denied my sick leave. I came back on the date my Dr. released me to come back to work. I have been here 7 years and have never had any problems in the past.

We do not have a HR department. There are only 5 of us that work in the office and our Executive Director. He is dening my sick leave.

Answer 1

It makes no difference if you are in a union. If you have a company policy book refer to it. But more importantly, if you have the accumulated sick time it cannot be denied especially that you have medical documentation to substantiate this time. Additionally, and more importantly, you are certainly covered under the Family Medical Leave Act. As such, he is in violation of a Federal law. To be protected under this statute you must have worked a minimum of 1,250 hours and one year of employment, and a minium of 50 employees (they do not have to be in the same office, but at minimum within a 75 mile radius.) If you and your company meet these requirements contact your State Department of Labor to be referred to an FMLA specialist.

Answer 2

phenomia? That's a new one. I assume you meant pneumonia.

In any case, an employer isn't required to provide sick leave unless there is a contract saying otherwise - it's not legally mandated. So yes, docking your pay is legal. But if they do provide sick leave, it's kind of strange to turn down something like this. Did you ask why it was being rejected? Have they changed the rules regarding sick leave?

Answer 3

You need to go and see your H.R. department to ask why this happened. The only information your doctor's note was to say on it was that you were under the care of a doctor (no diagnosis needs to be given) and could not work for how ever many days he/she said you could not work. Besides, if you have sick time accrued then they need to pay you for the time missed.

Answer 4

This depends on a lot of factors.

Are you a part of a union with a collective bargaining agreement?

Is your physician's note specific enough?

Of course, you may need to discuss this with your HR rep. They may have erroneously docked you.

Answer 5

Depending on your organization. Most give their salaried employees sick days which we do and also give our hourly employees personal time for the same thing. Check your employee hand book or check with HR on this matter to clarify it for you

Answer 6

accurate dr's note and you have no worries