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Being Questioned about my sick time Illinois

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  • Being Questioned about my sick time Illinois

    I have been working for my employer for a little over 7 months now and I have accrued 6 PTO days. Last week I had to take 3 days off because I had strep throat. My boss called me and told me that I needed a doctor’s note stating that I can come back which was not a problem. When I came back to work last Friday I turned in my doctor’s note along with my PTO form for taking the days off. When I got back to my office my boss came in and started drilling me on what I was doing taking 3 days of PTO. I simply told him and showed him my doctor’s note yet he still was asking me why I too off the three days. He said that upper management frowns on people taking more than one day of sick PTO. I told him that i was in my right to and that i had those days coming to me besides I brought in the requested doctors note as well.

    I am not sure about this but isn’t he violating my rights as far as asking what I was doing on my PTO? The reason I am asking is because I have a meeting with HR about this. Thanks in advance.

  • #2
    He is not violating your "rights" by questioning you about your absence.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      Not at all. Despite a widespread belief that employers cannot ask any question about anything related to medical reasons, an employer is within their rights to inquire about the reasons for time off. They are not under any legal obligation to approve time off, FMLA notwithstanding, and if they want more information before deciding whether to approve it or not, nothing in the law gives you the protected right to withhold the info. It's up to you if you want to provide it or not but there can be unhappy repercussions if you don't.

      Additionally, while FMLA does not yet apply to you, it can be to your benefit to supply your employer with the information, since failure to do so can cut you off from protections under FMLA or the ADA which may otherwise apply. I will grant you it does not appear that there would be FMLA or ADA applications in THIS case, but there could possibly be in future.
      The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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      • #4
        Thanks guys and gal He was making me feel like i did something wrong by taking the time off to get better that is why i didnt know if he was overstepping his boundaries or not. Nonetheless thank you for the help. This was my first post on here and it will certainly not be my last, awesome site.

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        • #5
          Both the previous responders are "gals".

          It is a myth that just because you have the time accrued it is yours to take whenever you like. Absent FMLA, any time you take off is at the descretion of the employer. Your employer has the "right" to qusetion your use of the days.
          I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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          • #6
            Sorry Ladies, no offense

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