In most cases, it is against the law for an employer to fire you if you use your paid sick leave. Firing a worker for using their paid sick leave is often a form of wrongful termination, which is illegal. Also, it is unlawful for an employer to retaliate against a worker if they utilize their paid sick leave to care for their health or that of a family member.
Meet with a Boston wrongful termination lawyer if you believe you were fired for using your paid sick leave. Your attorney will protect your legal rights and best interests. If warranted, they will take legal action against your employer on your behalf.
When Can You Be Fired for Using Paid Sick Leave?
Employers cannot fire you for using your paid sick leave in accordance with laws like the Family and Medical Leave Act (FMLA) or the Americans with Disabilities Act (ADA). On the other hand, times when your employer could fire you if you take your paid sick leave include:
You Repeatedly Abuse Your Company’s Sick Leave Policy
Just because you can use paid sick leave does not give you the right to take advantage of this time for non-medical reasons or purposes not covered in your company’s employee handbook. If your employer finds that you are not using your sick leave for the way it is intended or abuse it multiple times, they could fire you.
You Do Not Follow Your Company’s Procedures for Taking Sick Leave
When it comes to using your sick leave time, follow your company’s procedures closely. For instance, if your employer requires you to provide a doctor’s note if you take sick leave for several days and you do not follow through on this request, you could get fired.
You Engage in Misconduct During Your Paid Sick Leave
Lying about the reason for taking paid sick leave could be seen as misconduct and lead to dismissal. Also, you can be fired if you engage in workplace harassment or theft, even if you are on paid sick leave.
Talk with a Boston workplace retaliation lawyer if your employer fires you after you use your paid sick leave in alignment with the law. Your attorney will examine your case and explain what to do if you have been fired for using your paid sick leave.
For a free legal consultation, call (860) 999-9394
What to Do if You Have Been Fired for Using Your Paid Sick Leave
Partner with a Boston labor and employment lawyer with wrongful termination and workplace retaliation case experience. Your attorney will describe what is considered a wrongful termination or workplace retaliation. They will advise you to gather evidence to strengthen your case and file a formal complaint against your employer.
Keep records relating to why you used paid sick leave. For example, if you visited a doctor to treat an illness during this time, collect medical records to show that this was the case. In addition, get copies of all of your correspondence with your employer about your paid sick leave and termination. ou can also check out the paid sick leave laws in Massachusetts to better understand the protections that apply to your situation.
Submit a complaint to your state’s labor board or department of labor. The process to do so will not take long and will open an investigation into your complaint. If you believe you are the victim of discrimination based on a disability, your attorney may advise you to file a complaint with the U.S. Equal Employment Opportunity Commission (EEOC).
Factors to Weigh if You Have Been Fired for Using Paid Sick Leave
You are protected under various state and federal laws if you use paid sick leave at work. A labor and employment attorney understands the challenges you will face as you try to prove wrongful termination or workplace retaliation. They will craft an argument to prove that your legal rights were violated and that you should be compensated accordingly.
Using your paid sick leave but not notifying your employer about your intent to do so or providing the requested documentation about your time off from work can have far-reaching effects on the outcome of your case. In either of these scenarios, your employer could claim that you violated their policies, which prompted your firing.
If attending work on schedule is a recurring problem, your employer could use this as a reason to terminate your employment. Along with this, your employer could say that your work performance issues or other reasons led to your being terminated.
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The Bottom Line on Whether You Can Be Fired for Using Your Paid Sick Leave Time
Unfortunately, your employer can fire you if you use your paid sick leave. However, the law generally protects those who use this time for its intended purpose. If you use your paid sick time and are fired for doing so, you could have a case for requesting compensation from your employer.
The team at Duddy, Goodwin & Pollard has years of experience with labor and employment cases. Our attorneys are committed to making a positive impact in our community. Let us help you deal with the aftermath of a wrongful termination or workplace retaliation. Contact us to learn how we can assist you if you have been illegally fired for using your paid sick leave.
Call or text (860) 999-9394 or complete a Free Case Evaluation form