We have a point system at work. Is it legal to get points for using a paid sick day with I doctor note. And I'm never sick, so I don't abuse it

I work at capstone nursing home. Are point system changes on a daily basis. 12 puts is termination. Each sick day is 1 pt. If you clock in a second late or early you get a half a point each time. They add up quick. I don't feel it's right. And I gave them a doctor's note. We shouldn't be punished for use of sick time we earned.

1 answer  |  asked Mar 10, 2016 01:43 AM [EST]  |  applies to New York

Answers (1)

V Jonas Urba
Firstly, you should never post the name of your employer on a public website. In fact the best policy is never to post anything negative on the internet since it's out there forever and once it's on the internet you have lost control over where it may end up.

Secondly, an employer which changes its policies or procedures "daily" risks litigation. How will it show that it applied any policy or procedure to you or anyone else neutrally or uniformly, without considering protected classes to which you or another employee belongs (i.e. race, religion, national origin, etc....)?

Thirdly, I do not know whether you enjoy protection afforded by the FMLA, whether your health condition(s) is "serious." whether you have requested FMLA, or whether you are "disabled" and entitled to a reasonable accommodation by your employer after you have requested such accommodation and the accommodation does not unduly burden your employer.

Generally, employers are permitted to make certain that employees arrive to work precisely on time so long as such policies are uniformly applied and enforced.

You may want to review the following link to see if you are covered and/or protected by the FMLA:

http://www.dol.gov/whd/regs/compliance/whdfs28.pdf

If you have questions you should consult with a labor and employment lawyer. The specific facts of your case will determine whether your employer violated or will be violating laws and this is not an area for do-it-yourself remedies, especially if your employer operates in New York City which offers much more protection for employees or if you have a disability as per the ADA AA or local laws you should definitely consult with a labor and employment lawyer. Good luck.

posted by V Jonas Urba  |  Mar 10, 2016 08:18 AM [EST]

Answer This Question

Sign In to Answer this Question

Have an Employment Law question?

Virginia Employment Lawyers

Edward Lowry Edward Lowry
MichieHamlett
Charlottesville, VA
Sheri Abrams Sheri Abrams
Sheri R. Abrams PLLC
Oakton, VA
Matthew Sutter Matthew Sutter
Sutter & Terpak, PLLC
Annandale, VA
Matthew Kaplan Matthew Kaplan
The Kaplan Law Firm
ARLINGTON, VA
Gerald Lutkenhaus Gerald Lutkenhaus
Virginia Workers Compensation & Disability Lawyer
Richmond, VA

more Virginia Employment Lawyers