Discrimination at work due to legitimate sick time.?

Question

Here is a legal question. In the U.S.A., company 'X' gives it's employees 12 sick days per year. You apply for a promotion and are denied because the company states that if you have 4 legitimate sick occurrences (1 day each) in 6 months, then you can not be promoted. This is only stated on the job positing and not in any other company document.

Is this legal? Is there any condition the legality of this would change?

Let me rephrase this. You are given 12 sick days per year. For 20 years you have maybe 1 sick day per year. Suddenly on the 20th year, you take 4 sick days in a 6 month period. All of them legitimate sick days for injury or illness, with doctor's notes. Is it legal to deny this person promotion?

FYI - hasn't happened to me, but I think it's wrong and should be illegal to deny someone a promotion based on their health. I'm also tired of watching people get screwed by this rule.

Answer 1

Yes it's legal (they can use absenteeism to deny promotions) unless the sick occurrences are related to a permanent disability or protected under the "The Family and Medical Leave Act of 1993".

They can't fire you for legal sick days but promotions are another thing, they can reward perfect attendance.

Call your "state labor bureau" to check if you have any rights over this. Usually the protection against discrimination is limited to sex, age, religion, race, national origin and disability.

Answer 2

For the most part, the states, not the USA, create their own labor laws. Those laws may not contradict federal discrimination laws but being sick is not in the discrimination laws unless one is disabled. Secondly, most companies today use paid time off as apposed to vacation or sick days. So if you get sick and don't show up for work there are fewer days that you can take paid time for vacation. Finally, I know of no law outside the discrimination laws, race, sex, national origin, etc., that would apply to promotions. Quite simply, a company can promote who they want and pass over who they want.

Answer 3

Its there company they can do whatever they want. If part of their criteria for a good worker is a stellar attendance record then why not. They don't have to give the promotion. If you are not qualified for a promotion then you won't get it. If you don't show up enough then don't you think that is a qualification. They are not discriminating agianst anyone. They want people who show up. If all you can prove is that you they told you that you missed to much more work for their liking they can not do anything. Now if you had cancer I think you might get more pity or a little of case but no much. Attendance is just as much part of job qualification as skills, and it should almost not need to be said.

Answer 4

I don't know, but it seems like there's some gray area in there. I have worked for companies that had the attitude of, "Well, the sick days are there for you to use, so use them if you need to." I didn't see any barriers to promotion because of using sick days; but then, I was in one of the top positions at the particular company I'm thinking of, so I guess it didn't really matter.

Answer 5

Of course its legal. You miss too much time. Just because a company gives you the sick days, doesnt mean you should use them. I personally get 3 weeks vacation a year and another 7 days sick. I cant imagine EVER taking that much time off. In fact, even if Im sick, I will go to work. If the boss doesnt want me there when Im sick, he would send me home. You want to be promoted, try showing up every day.

In responce to your thinking that someone shouldnt be passed over for a promotion because of health reasons is outragious. As a boss, I will CHOOSE to promote who will make me more money. No one is owed a promotion, and someone who misses time COSTS me money. For every person who misses time, there are quite a few better workers who never miss a day. Someday you can start your own business make yourself boss and promote any person for any reason you want.

Answer 6

if you are in a right to work state its very legal try asking the hr manager you may be able to file a complaint and get it taken care of inside the company

Answer 7

i work for the u.s.p.s. they use my sick leave balance against me for transfer and promotion is this legal where can i find more information on this subject

Answer 8

If they are FMLA protected sick leave days, they cannot hold those days against them.

Answer 9

12 days a year????? Geez, I've only been sick 11 days in 25 years! Seems generous to me!

Answer 10

I am guessing that this has happened to you, but yes this is perfectly legit.