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Not sure if my suprivisor can do this??? Pennsylvania

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  • Not sure if my suprivisor can do this??? Pennsylvania

    Hi, Back in July of 2009 I started a new job at a hospital. In Sept of the same year I went into work got very sick and was taken to the ER and was admitted into the same hospital that I work at. The doctor had then signed me off of work for a week 2 different times for the same problem. I was also off a couple more times. Every time I was off I had a work slip from the doctor. My suprivisor had wrote me up now saying they are unexcused. The 2 times she called me into her office she wanted me to sign a paper stated they are unexcused and this last time I refused to sign it. But both times she told me "This has nothing to do with HR it's between you and me and It will stay in your folder that I keep." And when I said about taken FMLA she told me I couldn't do to not being there long enough so I asked about medical leave and she said I could but she would terminate me then. Can she do any of this, and do Doctors note not count for anything!
    Tired of being threatend.

  • #2
    FMLA eligibility is set by Federal law, and she is correct; you do not qualify and will not until July of 2010 (assuming that all other criteria are met).

    Outside of FMLA, a doctor's note has no force in law. With limited exceptions, outside of FMLA the employer is not required to provide you with any medical leave, even if you have notes from a dozen doctors including the Surgeon General of the United States.
    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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    • #3
      I understand the flma I new I couldn't get that. I just don't understand why none of these papers are coming from HR, why aren't they saying anything. Why are they coming from her and then her saying that these papers are between you and me they don't go to HR. That is what i'm not understanding

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      • #4
        That's not an issue addressed by law. It's up to the company who manages things like this.
        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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        • #5
          If I were you I would go to HR and inform them of what's going on. Although, it may not be illegal it may be against your hospital's policy.

          I think you're right to be leery of her wanting to keep it "between you and me."

          It's pretty sad to think that you work for a hospital whose whole purpose is to care for sick and injured people, but you have to worry about threats related to your having been ill.

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          • #6
            It is not at all unusual for non-FMLA leave to be at the descretion of the manager.

            It is also not at all unusual for a 24/7/365 operation like a hospital to have stricter attendance requirements than your average employer. Rarely can a position go uncovered or at least not significantly impact other staff and patient care.
            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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            • #7
              Why are they coming from her and then her saying that these papers are between you and me they don't go to HR. That is what i'm not understanding

              I don't understand either. It's possible that your supervisor has full discretion in these matters; it's also possible your supervisor is making up her own rules as she goes along. Her statement,"This has nothing to do with HR it's between you and me and It will stay in your folder that I keep." leads me to believe that she's creating her own little fiefdom and doesn't WANT you to go to HR and let the cat out of the bag.

              It's up to you whether you want to discuss the situation with HR. I could be wrong but my gut feel suggests you should.

              Comment

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