Can they even do that?

I have been at my job for almost 2 years. We get 6 sick days a year. (July-July)

Due to a personal issue, I used all mine by December. In February, I was diagnosed with the flu and ordered to be on bed rest by my doctor. Then, just 2 weeks ago, I herniated a disc in my neck and was out under the care of a doctor.

I brought in supporting documentation from my doctors both times. I called and spoke to my manager both times and I wasnt paid for anytime over the 6 days.

Out of the blue, they tell me today if I am out 1 more time before 7/1/09, Im fired.

Can they do that if I was ordered by my doctor to be out?

The situation has become uncomfortable so I decided to look for another job. If anyone knows of anything in the Western Nassau/Queens area, please let me know.

TIA!!!

Re: Can they even do that?

That really stinks! I don't know what they can and can't do- but seems terribly unfair if your were really sick. Are you a full time employee or part time? is it hourly or do you have an annual salary?

Re: Can they even do that?

That stinks that they would do that but unfortunately they can. If you were out on STD or FMLA, it would be a different story but you are talking about a series of different days. Unless you are working under a contract and have specific provisions for time off allowed listed in it, you are working as an "at will" employee meaning they can fire you or you can quit at any time for many reasons. Sick, personal and vacation time are things most employers give to their employees but (again unless you are a contract or union employee) it is not a requirement for them to do so.

Re: Can they even do that?

If her job qualifies under FMLA, doesn't the 12 weeks get to be spread out over 1 calendar year, regardless of how sporadic they may be?

Re: Can they even do that?

To be honest, I think employers can do whatever the heck they want these days. Hope things start looking up for you though.

Re: Can they even do that?

Re: Can they even do that?

FMLA

Re: Can they even do that?

how many times have you been out sick since July '08?

Re: Can they even do that?

I honestly think someone has it out for you there.

Most employers who don't have a stick up their butt would be sympathetic and possibly ask you to work extra hours to make up for time out. Most employers would care that you were sick or were having an issue.

Has your performance suffered? There has to be more to this.

Yes, you're an at will employee but frankly they are looking at a law suit if they say the wrong thing to you.

Re: Can they even do that?

are you in a small company? if not, you should have been eligable for FLMA which protects you for up to 12 weeks in a 1yr period

Re: Can they even do that?

They can.... Do you have any other time, like vacation that you can use?

Re: Can they even do that?

Re: Can they even do that?

Yes they can do that, and even if you find a way to fight them over it, they can always fire you over something else.