Legal to write you up for using more sick days??

Question

I have 5 sick days a year to use at my job. I have gone over that amount....I have children. they get sick. I do too. He has given me a written warning for "attendance" I dont;' feel this is legal. Wouldn't the correct thing to do is coach and counseling and just not pay me for the days I used that went over?

Answer 1

It depends on the rules of the company you work for. When you took the job you agreed to play by their rules. Check with HR or the company rule book.

Answer 2

Unless you are under a Union or an employment contract which addresses sick days, it is legal for your employer to write you up for going over the designated sick day allotment. Not only is it legal to write you up, it is also legal to terminate you for attendance problems and to prevent you from getting unemployment benefits due to the termination for absenteeism. By getting a warning you are on legal notice that the next time you take off you can be legally terminated.

Employers are not legally required to coach, or counsel someone. Under the law (all states and Federal) an employer has a legal right to require that employees show up at work a certain number of days. The illness of employee's children is not the legal responsibility of the employer.

As for FMLA, you can ask for it and you can get your doctor involved in filling out the paperwork for any chronic / serious condition. The FMLA requirements include: "2) care of an immediate family member (spouse, child, parent) who has a serious health condition;". So if your child has a "serious health condition" which your doctor can attest to, you may be able to qualify.

Answer 3

It's legal to write you up for missing more than the allotted days. In fact, it's legal to fire you if you continue to use more than the time given.

It's not the employer's problem that you have children who get ill. I'm a mom, raised four kids and worked full time, so I do understand. When my kids were small you couldn't take sick time to care for them when they were sick -- at least that has changed. It was tough. I found back up people to help me for those days and sometimes I used vacation time.

However, if you've been at your job for more than a year, you could qualify for FMLA, which is job protection while you care for a family member. The bad news is that is can't be for just a cold, but for a serious medical condition. It involves doctor reports, etc.

Answer 4

It is not illegal to give an employee a written warning for attendance issues.

Think of it like this: You pay Jane to show up from 3:00-6:00 M-F to watch your kids. She shows up Monday but not Tuesday or Wed. She shows up on Thursday and then has to leave early on Friday. This puts added pressure on you and effects what you do and how you do it because you've got to handle things if she's not there.

I'm with your boss on this one. Unless I'm running a fever or vomiting, I go to work. And even then, I usually show up for an hour or two. If I'm not there, it effects those around me and their ability to do their jobs. If I am not there often enough, I would lose my job.

I've been a single parent for 8 of my daughter's 12 years and I know it's tough. But think of how much harder it'd be without that job.

Reader's Digest Version of my answer: No, it's not illegal to give someone a written warning based on unacceptable behavior.

Answer 5

No, the correct thing for a supervisor to do is to warn an employee who violates the company attendance policy that they are on thin ice. It is not a generous policy; however, this is what you signed up for when you agreed to work there.

If you or your family members become seriously ill, you do have the right to take family medical leave to care for this - it requires you to obtain a doctor's certification that your care is required. Family leave can be taken all at once or intermittently, for up to 12 weeks of unpaid time per year.

Answer 6

Assuming you work for a U.S. employer in the United States, it is possible – POSSIBLE – that your employer is covered under the Family and Medical Leave Act (FMLA). If it is, then it is also possible that, under certain circumstances, tending to a sick child or to the illness of another qualifying family member may be covered under the act.

There is a lot of missing information here. How large is the employer (the act exempts employers whose payroll is under a certain number of people)? What is the nature of your illness? Your child’s illness? Are these chronic or long-term health conditions (such as cancer, heart disease, pregnancy, etc.) or more routine health maladies, like the flu or a cold?

In general, employers covered by FMLA must make time available to their employees to attend to chronic health conditions or conditions (like a serious injury) which require extensive medical attention, whether they are their own conditions or that of an immediate family member.

The employer does not have to pay the employee for the time taken, especially if the employee has already exhausted paid sick leave; but the employer may also not penalize the employee (such as through a suspension or other type of disciplinary action, or through poor performance evaluations) simply because the employee legitimately uses the time for the purposes alloowed under FMLA. The law does limit the amount of time an employer must make available to an employee under the act.

Your employer’s Human Resources Department is required to have written policies in place explaining this law if it is covered by it, and to make copies of those policies available to employees who request them. If the employer is not covered by FMLA, there isn’t a whole lot an employee can do in this area, except to make sure that the employer is not being discriminatory on the basis of sex, race, national origin, etc. in the application of its sick leave policies.

I hope this is helpful.

Answer 7

you go with to ask more suitable questions the following. I paintings for a huge organization and Attendance is the biggest element that must be and stay sturdy. yet, we actually have FMLA and short time period disability. i understand with short time period disability you could't document a declare until eventually you're out a minimum of four operating days. it really is attainable that your organization has this and also you weren't out lengthy sufficient so those 3 absent days counted adverse for your attendance and positioned you over their purpose purpose. the position I paintings the purpose for attendance is to be lower than 2%, in order to be there ninety 8% of the time. (This equates to slightly more suitable than 5 ill days in preserving with year, yet if you're a clean worker it is going up directly because you haven't worked sufficient time.) also examine to ensure in case your organization has a Union settlement so that you will see their coverage in writing.

Answer 8

Yes, they can do that. When you took the job you knew the number of sick days, and employers have a right to hold you to those sick days.

Not every company is 'family friendly'.

Answer 9

When you took the job you agreed to follow their attendance policies.
If you don't have any sick days left see if you can use your vacation days rather than having them continue to write you up.
Try not to be so quick to take days off unless it is REALLY necessary. I know it is difficult with children, but try.

Answer 10

Get the sickness and/or occurrences approved under
F M L A.

Then you have legal recourse if anything happens.
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