Home     Links     Contact Us     Bookmark  
 
   Homepage      News      Legal Forum      Dictionary  
Home : Legal Forum : Law & Legal Jobs

Legal to write you up for using more sick days??
Find answers to your legal question.





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

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?


    




Michael B
Rating
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.


leysarob
Rating
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.


CatLaw
Rating
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.


Expert Realtor
Rating
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'.


Mel
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.


trippedits
Rating
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.


Order In Chaos
Rating
Get the sickness and/or occurrences approved under
F M L A.

Then you have legal recourse if anything happens.
~


babidollishere
I would have written you up to. When you take excess time off work, it costs employers time and money and most of the time it effects other employees. Employers NEED employees that will actually show up for work.


Stacy's Mom
Rating
Do you have an employee handbook? It will spell out the guidelines for sick leave and what happens when you exhaust your sick leave.


don_sv_az
Rating
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.


Weimaraner Mom
Yes it's legal for them to write you up and put it in your personnel file, either ask to take them unpaid or ask to use your vacation time to cover you. I had a receptionist that took all her sick time and most of her vacation to the point where she was not getting paid for sick time. Eventually we had to let her go because it became such a problem for me and the company having to hire a temp constantly or I had to cover the front desk all day I couldn't do my job. Sorry but they are well within their rights to do this.





 Enter Your Message or Comment


User Name:  
User Email:   
Post a comment:




Legal Discussion Forum

 I have lost my job .?
I have been told today that i have 3 months to find another job because they are stopping my particular hours which i have worked for the last 3 years (they have offered me hours i am unable to do). I...


 In Missouri, can your employer fire you if they change your work schedule and you disagree with the change?
...


 What's my legal position.?
I ordered a buffet from an outside caterer to be delivered today. Yesterday afternoon they rang and told me that although they are still doing the buffet, they don't have a driver to deliver it. ...


 Is it "unsafe" to be forced to work with a disuptive and threatening employee?
I believe I am about to be asked to work with a disruptive troublemaker on an important project. This individual has regularly threatened supervisors but has been somewhat protected by the manager. I ...


 Could i get fired for being late to work?
So i was late for work today. Alarm didnt go off. Was 2 hours late for work. never done anything wrong before. Is there a chance I could get fired for this?
Additional Details
Just to ...


 What does being on probation actually mean? In regards to starting a part-time job.?
I got my first part time job about 5 weeks ago, and it says on my forms and stuff that I will be on probation for the first 6 months of employment. It hasn't really had any effect on me so far, ...


 Is it legal for my boss to show up at my house?
My employer was unable to get ahold of me this evening (after my normal working hours), is it illegal for her to come to my home and chastise me?

Personally I think it's crossing the ...


 What is the similar between a doctor and a lawyer?
...


 Were my rights violated?
My ex manager told everybody I work with that I was in a rehab center (while I was there). During his termination the corporate lawyer told me he was sorry and apologized on behalf of the company. W...


 How to report an illegal worker ?
I know a person who is working Illegally and getting paid in cash (no tax, no insurrance etc) . Who do I contact for reporting this person ? The person is in UK. London.
Additional Details<...


 Can you pay yourself???
We had a house fire and the insurance company offered us 20,000 less than what another contractor put the bid in for. My husband has a contractor license, so we did the job ourselves, question is, ...


 Paid Breaks and Lunch At Work
Are you suppose to be paid your 2- 15 minute breaks if you work an 8 hour shift? Lunch clock out? My job is taking both 15 minute breaks out plus 1/2 lunch. by the end of a pay period I have given up ...


 Can an employer refuse you a reference if dismissed for gross misconduct on POTENTIAL LOSS of company monies?
Cheques turned up 4 days late and the company is claiming potential loss? no evidence has been provided and they are refusing a reference even though this was not part of the persons role nor was it ...


 Best place or job to work with only a High School Diploma?
Sure, I know there are always those fast food places, but is there anything else higher.. If so what.. Im tired of flipping burgers for a living. Help? I thought about joining an academy for law ...


 Do I need to move my staff to a larger room?
I have recently taken on two more servants. This means that fifteen people now live in the staff shed outside. There are four beds and a hammock, and there is a tap on the outside wall. One of the ...


 I was bullied 20 years ago at work..can I take action?
hi, I am a 35 yr old male, back 1989 when I was 16(5'6""tall, small build) I got onto a training scheme and got a placement in a sign factory, I was all excited as it was my first work ...


 Im a 14 freshman in highschool, im interested in pursuing a career in the F.B.I, and i was wondering?
what classes i could take to help me out, maybe some hints, a list of good law schools close to kentucky, im also aware that there is some sort of physical appearance thing well im pretty sure i meet ...


 If an employer overpaid you, can they make you pay them back?
Lets say you are an hourly employee, and you take a week of unpaid vacation off of work. Two weeks later, you get a paycheck denoting pay for the week of vacation that you took. You think that ...


 I am right to take this further....?
during the week I was asked to help out at work and stay on for a few hours longer than my normal shift (overtime) by my manager.

A few days later I was told that I wouldn't be paid ...


 Are UK employers obliged to give an inflation related pay rise?
...




Copyright (c) 2009-2013 Wiki Law 3k Friday, October 24, 2014 - Trusted legal information for you.
Archive: Forum  |  Forum  |  Forum  |  Links
0.014