Q: Is it legal to be written up for disciplinary for taking a sick day?
I called out of work and requested to use a sick day because I was feeling so bad I went to the ER. I gave the papers to prove I went there. The reason was two fold. I was in a lot of pain, having am anxiety attack (have a condition for this) and ended up finding out I have an infection. When I returned from work the next day, I was written up for missing my shift even though I used a sick day. Their response was that I just get paid for sick days, that doesn't prevent me for being reprimanded. Is that legal?
A: Read the policy manual or there may be an employment manual at work.
A: It isn't a legal question, it is a question of company policy. They may be using this as an excuse to discriminate against you for a different reason. If you see any other adverse employment actions you should consult an employment/discrimination attorney immediately.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
