CT labor laws regarding suspension......?

Question

My husband was suspended for a day w/o pay because he called in sick on friday. He has a physician's note w/ a diagnosis of bronchitis. His supervisor said he saw him on thursday and he wasn't sick and as far as he is concerned he is fired(that isn't entirely up to him). Is this legal? My husband doesn't take many days off and has called in sick only a few times in the 2 1/2 years he's been w/ this company.

Answer 1

He could be protected under the Family Medical Leave Act (FMLA) which protects employees from being disciplined/terminated for missing work for a serious medical condition; however, I don't know that his single episode of bronchitis would fall under that. It's too bad his employer is being so unreasonable. Perhaps they were just looking for a reason to get rid of him.

Serious medical condition:

A "serious health condition" under FMLA includes, illness, injury impairment, or physical or mental condition that involves: in-patient care, defined as an overnight stay in a medical facility, and any related incapacity, and continuing treatment by a health care provider which includes at least one of the following:

a) More than 3 consecutive days of incapacity and any subsequent treatment or period of incapacity related to the same condition that also involves 2 or more treatments (including examinations) by a health care provider; or one treatment which results in a regimen of continuing treatment using prescription medicine or special equipment under the provider’s supervision;

b) Any period of incapacity due to pregnancy even if the treatment is not received during the absence of prenatal care;

c) Any period of incapacity or treatment for a chronic serious health condition requiring periodic treatment even if treatment is not received during the absence;

d) A long-term or permanent period of incapacity; or

e) Any period of absence for multiple treatments and recovery from the treatments by a health care provider for restorative surgery or for a condition that would likely result in more than a 3 day period of incapacity if left untreated.

Answer 2

FMLA does not apply to this situation. And neither does DOL regulations.

The plain fact is, unless your husband is a member of a union with a CB agreement or has an employment contract which specifically stipulates under what conditions he may be fired, he can be fired for any non-protected (under Title 18) reason.

Whether or not it is illegal is a matter of fact which we don't have because we don't know both sides of the story. However, based solely on your facts as supplied, there is no law which makes such a termination illegal.

Answer 3

Labor Board. Attorney's office and also the HR office at your husband's work place. Seems to be a personal dismissal. Back pay awareded on this one.