Is it legal to punish genuine sick leave?

Answer 1

definitely not. however, most employers will have a set quota of sick leave that will trigger some form of review process if you go over it. it is there to protect the employer and the employee as quite often excess sick leave is work related. the process is not supposed to be of a disciplinary nature but i imagine it would feel like that if you are asked to attend occupational health + meetings with your managers etc.

Answer 2

Firstly, you must check your employer's policy on sick leave. Some employers allow 'self certification' for a few days and then a doctors note for the rest. Other need a 'doctor's note' only.

An employer cannot sack an employee for taking sick leave. If an employee has worked for their employer for over twelve months they become a "protected" employee and cannot be unfairly dismissed without "fair reason".

You may find that some employers are more generous with their sick leave entitlement. Some employers pay full pay for six months sick leave and then reduce that to half pay., Other employers are less generous and only pay the minimum stautory sick pay.

As you have not provided a lot of information it is difficult to advise you. Just make sure that you comply with the company's sick leave policy - provide sick notes if you are requested to do so.

If you are worried, request a meeting with your employer to discuss the situation. You can take another adult with you to the meeting and take a note of what is said to you, which may be helpful if you need to appeal in the future.

Unfortunately public funding (legal aid) is not available for employment matters. However, if you want some general advice, try your local citizens advice bureau.

If you think you are being unfairly treated or are unfairly dismissed, remember you have a right to take your employer to the industrial tribunal. Claims have to be made within twelve weeks. Try the Industrial Tribunal website, its full of useful information which may help.

Answer 3

It's not legal to punish genuine sick leave. But do not confuse that with the right of an employer to investigate sick leave especially if a history or patten of sickness is apparent.

If you are in doubt seek union advice or citizen advice.

Answer 4

no it is illegal to "punish" but it's hard to define / prove "punishment " . it takes a lot of extensive documentation on the part of the employee / who often lacks the experience to do this properly . the employee is already overloaded in juggling a serious sickness illness and being pressured to continue performing on job as well . to deal with the addtional stress a boss from hell can cause is often too much for most to be able to handle.

they generally can't punish you .... but they will. the company probably has an attendance policy in which they will say you must adhere too.

in american there is a 12 week fmla time. you can apply for that . the issue is that the doctor must state the reason for the leave/ diagnosis / illness. many people would prefer to deal with a serious illness without having to reveal this information to a company nurse / who will no doubt share this with your boss / and will circulate through the company. it's difficult to have any privacy. once you are branded with having a serious health issue , you may not be asked to contribute to as many assignments / opportunities. peoples perception of your strengths and ableness as a leader are diminished . healthy image is quite important . when you really get sick , the first thing you soon learn is not to tell anyone. you will have tons of questions you would rather not answer and you will never be percieved the same as you were prior to becoming ill.

it's bad enough to be on every database in the world for using insurance / pharmacy records . imagine your private records now scanned into company databases . honestly, you are almost better off going to private doctors and saying you have no insurance and self paying in order to keep your name out of these systems. you can always submit bills later. the mass reorganization is the trump card to FMLA leave. the company can just say they eliminated your job rather than fire you .

having been through this, i can advise you to seek out an employement lawyer specialist when you first get sick to discuss options.

Answer 5

No it isn't and its unfair on you if they do. You need to get advise from a solicitor if they try it on and won't listen to you. Most people have to take sick leave at some point in their live that is genuine. A note from a doctor may help.

Answer 6

Punish how? Employers in the US are not required to pay sick leave unless by contract or union rules.

Answer 7

depends how genuine it is! can you really tell when sick is genuine? i would say if it is a rarity that this person is sick then you would have to take it as genuine and not punish it but...

if this person is a regular sicky then it is harder and harder to accept that any sick is going to be genuine being a case of the boy who cried wolf!

Answer 8

If you mean you are liable to lose your job, it depends. If your employer s business is suffering because of your sickness, then he can get someone else to do your job, and sack you.

Answer 9

Depends on the details.

Answer 10

What do you mean by "punish"? Need more details . . .