Know your employer’s sick leave policy. Most employers require that you call in as soon as you know you won’t make it. No law requires paid sick leave.
Family and Medical Leave: applies if you have a serious medical condition and need several days off, or need intermittent leave for treatment.
Accommodations: if you have an illness that qualifies as a disability, you might be entitled to accommodations that will enable you to perform all the duties of your job.
Excessive absenteeism: unless you qualify for FMLA leave or have a disability for which you are seeking accommodations, your employer can fire you for any reason, including absenteeism. Know what they consider excessive. If you have to come to work sick, that’s better than losing your job.
Donna’s tips:
a. Lots of people express surprise that they were fired after being sick. “But I had a doctor’s note!” they say. A doctor’s note won’t help you unless you qualify for FMLA leave or an ADA accommodation. 90% of life is just showing up. (Woody Allen). Your employer is entitled to have you at work.
b. If you are contagious, then your employer requiring you to come in anyhow might be an OSHA violation. You can point this out, but don’t be insubordinate.
c. If ordered to come in, then rent a stretcher if you have to. Unless going to work endangers your life, comply with the boss’s order to come to work. Appeal to HR if you can, but don’t lose your job.
I have to say that I can't agree with this post. No job is worth putting yourself at risk. If you're so sick that you need a "stretcher", you shouldn't be at work. Period, the end. I think it is absolute crap that workplaces don't have to honor doctors and hospital notes. I am experiencing this problem at work right now, but I can tell you that my health is much more important to me than this job. What good is a job if you're dead? It's unfortunately true that your workplace will harass you about absences and not excuse them even when you have perfectly good documentation, and it is certainly true that you will have to go into work sick a lot of times, but DON'T go into work if you're so sick that you will be putting others at risk (you did touch on this in part b), or that you will be potentially harming yourself. Sometimes going to work sick is NOT better than losing your job--it depends on how sick you are.
ReplyDeleteYes and no... I disagree with getting a doctors note unless it is life or death. Why lose that time. If you hate your job then find a new one. Don't get a doctors note unless you are contagious. Don't make up reason's. I have had sore shoulders I could have went to the doctors to get a note. But if you want to really do something you won't get a note for that which you can.
ReplyDeleteIt depends on the situation if they have a cold then yeah go in but im dealing with just getting diagnosed with fibromyalgia at age 20 so its a little difficult they are being very nice to me i do have doctors notes saying i have to rest in bed i just dont want to get fired
DeleteI would like too tell you about Randy Clingerman, Randy had worked for Wal-mart in Simpsonville, sc for a few years from Sam's club and all the wal-mart that had changed out there flooring. Randy became sick in August 2011, Randy had been out of work for about three weeks, Randy received a call from the Wal-mart Simpsonville, sc store Telling Randy. That if he didn't come in they would let him go. Randy went in that night as sick as he was. When Randy got there they took Randy in the Bad office. Told Randy they were letting him Go! Now with out have a job Now having No health Insurance. Randy found out about a Month later that Randy just was sick, But has lung Cancer. Randy never smoked but Did clean floors all the years he worked for Wal-mart
ReplyDeleteI work at a nursing home there is no way I'm going back to work when I've been diagnosed with pharygitis, two swollen ear drum, conjunjevitis, and bronchitis. Could I work? probably. But I love my residents and have no wish for them to be sick. I have a doctor's note unfortunately I'm also in a work comp case with said employer so my position is pecarious at best.
ReplyDeleteI work in a factory, I became sick while working there an I passed out while working, I wanted to stay an finish the job even tho they told me I could leave, by the end of the shift my boss told me I need to go get checked out so I went to the dr an he wanted me off work the next day he's gonna send me to a neurologist. I let them know at work I couldn't come in, I was still shaky an feeling dizzy. They fired me over 1 day even though the policy was 3 days in a 30 day period. I don't see how they can do this!!
ReplyDeleteBecause empolement is at will any rights you think you have you don't an employer can basically do as they please they can mentally and verbally abuse you force you to further your injuries even with a doctors note empolyee is nothing more then a fancy word for slavery they can do whatever they want and if you don't like it your options are to get over it or get over it its a sad fact we pay millions and millions in taxes to the agencies that protect workers bye telling them while we understand you were morally and ethnically mistreated no law was broken. Enjoy climbing out of that pit you just got thrown into and will see you soon enough when the next employer does it or be homeless jobless but thank you for believing that your not a slave but you see these laws are made to make you believe you have right you don't actually have them it's America one nation ruled bye corporations with abuse and injustice for all the " workers"
DeleteI work with dementia patients, and I have swollen tonsils and loss voice, and I went in yesterday. My supervisor knew this once I came in and still kept me at work the entire day. Now today, I had to call in because it got worse (I'm the receptionist) due to answering the phones, and I woke up with a fever. My supervisor acted as of she didn't care at all, so that let's me know that my health nor the health of the patients,isn't important to them.
ReplyDeleteI was told in my last job they could not fire me if I was sick. The manager was clueless. I couldn't believe she would say this to me. They have an employee who abuses the sick time policy. He is never there! They are absolutely clueless about the rights available to them. I'm not about to tell them because it's not my job but they are getting played by this guy.
ReplyDeleteGreat posting!
ReplyDeleteWith a sue happy nation and lazy people only wanting a paycheck, those that really need help are screwed over. I am one of those. I worked all my life above and beyond to get no where. Now that I am sick all the time between testing and at home living in the bathroom I am unemployed with no benefits. Doctors order expensive tests, insurance only pays a little and now I have no job, lots of medical bills and no diagnosis. Doctors best guess "I am not sure". I have no idea what to do next. It is hard to get a new job when I show up sick for the interview. I am good for a few weeks but then my savings will be gone. How do you fool prospective employers I am not sick and can work?
ReplyDeleteIf i called in for wrk in now being put on stand by for me to go back to work do to not having wrk for me but there hirer new guys to wrk in being told i have to wait for a opening to go back but still employed by the company is that legal to do
ReplyDeleteStarted working at Walmart 4 weeks ago told them when i was hired that I was disabled, couldnt lift much, and they started me out on too long of shifts, so they cut them down, I brought in a drs note stating no more than 4-5 hr shifts, they acomodated for 1 1/2 weeks but now went back to 7-9 hr shifts, when i went and approached them today, they said work them or get fired....i got fired. They know i have spinal stenosis, herniated disc, and arthritis of my entire spine, but still did my shifts, the lifting, and ended up in the er after work several times for a pain shot because i could not move. I think it should be illegal for them to not have to follow drs orders, as it endangers the employee and they hired me knowing i was disabled.
ReplyDeleteI was sick with a respiratory infection 3 1/2 weeks after I started my job working as a behavior technician at a pediatric center for autistic children. The job is very demanding because the children require lots of attention. I was out for one day after I came down with a fever and nasty cough. I returned to work the next day with a doctor's note and was fine for the rest of the week except my cough persisted so I began the amoxicillin that weekend and the next day I had an allergic reaction and broke out in terrible case of hives. I tried to get better before work with over the counter meds and still planned to go into work but the hives returned while I was at work today and I so I left to get medicine. Came back my supervisor told me to go home, and she wanted me to feel better. As I was on my way home, I got a call from HR letting me go. Saying they need someone who can come to work asking that I dont return.
ReplyDeleteIm having issues with a boss who doesnt care that i had a misscarrage and im having difficulties with it and i have a benign tumor in my uterus that i have to have surgically removed soon i was on bedrest this last weekend and very fatiqued still and boss wanted me to work a 12 hour shift today im only scheduled for 8 and im hoping i can handle the 8 hours i dont know what to say to her cause she doesnt care or understand i dont want to drop someone cause im very fatiqued.
ReplyDeleteI also work in a factory, I've gotten a excuse for day hour I couldn't attend my job .I've been warned I wAs pregnant five months before before we agree to b layoff due to unemployment n not maternity new n payment my baby is 2 n half now I went back asa 6 weeks up he ,I n my oldest have sicknesses n I have excuses for all .they told excused. But excessive I can't help they knew about my pregnancy n issues with my other n myself shouldn't I b able to claim unemployment if verbal warning n now thinking written next . as I stated I have excuses by doctors .myself or my kids needed care..
ReplyDeleteJobs are not a constitutional right. Doctors notes should be irrelevant. When you take a job, you agree to do it and they agree to pay you. Jobs are not given as charity. People think that if they get sick, its through no fault of your own, therefore your employer should simply understand. The job doesnt get done...so why would you expect them to keep you on? Its a hard fact to learn that you wont get special treatment for a good excuse.
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