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Attorneys On Call
From overtime to unemployment, attorneys with the North Carolina Bar Association's Labor and Employment Section answer your questions on workplace issues.
sick/vacation/hoilday time to one "PTO" time. in doing so long time
employees lost app. 48 hrs of benefit time per year. Now if we call-in
sick, it's an occurence. These occurences are held against us on our
yearly evaluations. Can they legally hold sick days against us, even if
we have a doctors note?
Answer: Yes, in most cases, probably so. The reason for this is that employers are permitted to require employees to be present at work and have good attendance records. You should review your employer's policy carefully to see why/how these absences "count against" you.
Note that if you are also on FMLA leave, the absences should not "count against" you, because FMLA leave is protected leave and your employer cannot discriminate against you for taking it.
- I was fired because of personal e-mails on my work computer. Is this an invasion of privacy? Posted: February 13, 2007
- I feel like I have been discriminated against because of a disability. What should I do? Posted: February 13, 2007
- hat is the statute of limitations on action regarding wrongful termination by an employer? Posted: February 13, 2007
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