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justcurious55
05-20-2008, 08:44 AM
so, my company policy says that employees get unpaid sick leave but excessive sick leave can lead to termination but "excessive" is up to the store manager's discretion. so the new manager in my store made everyone sign contracts saying that if we get 3 sick days within a 90 day period. even if we have a dr's note it still counts as a day against us. so lets say i was out for 2 days but i had a dr's note, it counts as 1 day.
i've been really sick lately and this is the third time now this month that i've been so sick i had to get a dr's note. my manager didn't say anything when i called in sick but i could tell she wasn't happy by her tone and im worried i might be fired now when i'm able to return to work. if they fire me, will that be legal? i normally never call in sick, so its not like this is a normal pattern for me and i've truly been excessively absent, i've just been sick on and off for one month and have the dr's bills to prove it.

Pattymd
05-20-2008, 11:21 AM
Is your manager authorized to enter into more restrictive agreements and even "contracts" with his employees? I'm finding that pretty hard to believe. Plus in an enforceable "contract", there must be an offer and an acceptance. I'm doubting very seriously that whatever the manager had you sign would be enforceable.

However, rather than confronting the manager yourself, I'd be contacting corporate HR.

justcurious55
05-20-2008, 11:29 AM
i'm doubting that she can enter into something that restricitve, the company is pretty laid back in everything else. the way the contract was presented was during reviews it was handed to employees and they said "here, everyone has to sign these." looking back i feel it was sneaky on their part to spring it on us like that when we were igning other things too.
thanks for the tip, i've gotta go find the number for our HR now :)

ScottB
05-20-2008, 11:36 AM
so, my company policy says that employees get unpaid sick leave but excessive sick leave can lead to termination but "excessive" is up to the store manager's discretion.

You are at the mercy of the store manager.

He/she is not required to accept a doctor's note as an excuse for an absence. They are simply counting absences and don't really care (unless there are FMLA concerns) why you were absent.

We have had more than a few clients term our temps for legitimate illness related absences that went over three days at one time or three days in six months. I don't really agree with that way of operating, but it is legal.

There is no point in worrying. You can sit there and hope that you don't get canned or you can contact your immediate supervisor to let him/her know you are ready, willing and able to go back to work.

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