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View Full Version : Disciplinary Action for Missed Work Due to Illness Massachusetts


Dan35mm
01-30-2007, 09:08 AM
I work for a company that has a policy where if you call out sick 3 times within a 60 day period, disciplinary action is taken where you are "written up". If you are "written up" 3 times, you are terminated from you job.

I was recently out of work for 1 week due to having pneumonia. I had to call in sick 5 days in a row and used 40 hours of my earned sick time. My company is trying to take disciplinary action based on the policy I've stated above. I've offered to provide documentation both from the hospital I was at and from my primary care physician, but it was refused by my manager.

This doesn't seem right to me. It seems like they would prefer that an employee come in sick to work, jeopardizing their own health and the health of their coworkers.

I refused to sign the paper acknowledging the disciplinary action that the company is trying to accuse me of. This may result in me not being allowed back to work. Is the company I work for violating any kind of labor law in Massachusetts? Any help on this subject will be appreciated. Thank you!

cbg
01-30-2007, 09:28 AM
This is not a violation of any labor law in MA (or any other state) UNLESS the illness should be covered under FMLA. In which case it is not state law that is violated but Federal.

To determine if FMLA was violated in your case, we need to know the following:

1.) How long did you work for this employer?
2.) How many employees does the employer have within 75 miles of your location?
3.) In the 12 months immediately preceding your leave, had you worked a minimum of 1,250 hours?
4.) How much, if any, other time had you missed in the preceding 12 months?

Keep in mind that refusing to sign the warning accomplishes nothing. Signing it does not mean that you agree that you did anything wrong, but only that you have been advised of managements view on the matter.

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