Q: Are employer's health-related write-ups illegal in NC?
I work at a company where three of us are on the verge of losing our jobs due to write-ups related to health reasons. One employee was written up for attending workers' compensation appointments for a concussion. A second employee, who is pregnant, was penalized for a scheduled hospital visit to check on her baby. The third employee was hospitalized and required to take the remaining week off. Despite providing doctor’s notes and treatment plans, we were all written up. During orientation, we were assured that health-related issues wouldn't result in write-ups, but that has not been the case. HR has been unhelpful, there were no witnesses to the promises made during orientation, and I don’t believe there's a company handbook outlining health-related absence policies. Is what the employer is doing illegal?
A:
In North Carolina there are no general employment laws that make it unlawful for an employer to discipline or terminate an employee for health-related reasons. However, there are laws that cover specific situations that are health related.
For example, an employer in North Carolina is not required to allow an employee to have time off for a health-related condition by itself. Even so, if it is an FMLA covered employer and are they are an FMLA eligible employee, then the employee can take up to 12 weeks of FMLA leave for a serious health condition. So, the “third employee was hospitalized and required to take the remaining week off” would be protected from termination if they are FMLA eligible. As another example, any employer with at least 15 employees must comply with the Pregnant Workers Fairness Act which went into effect in June of 2023. That law prohibits certain acts including discrimination against pregnant workers. It also requires the employer to provide accommodations to employees for pregnancy and pregnancy related conditions. So, the “second employee, who is pregnant, was penalized for a scheduled hospital visit to check on her baby” seems to have a claim under the PWFA.
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