columbia_645
New Member
Is an employer able to make diparaging remarks to an employee when they have medical documentation for an absence?
-
Welcome to our legal community! Click here or the create new topic button to ask a question and receive answers and comments from our friendly and helpful legal community.
Articles that answer frequent legal questions are in our Law Guide. Important legal news is reported in The Law JournalYou can find a lawyer near you in the Lawyer Directory. If you know that you need to hire an attorney, you can submit a case review from a lawyer.
Harassment for documented absence
- Thread Starter columbia_645
- Start date
- Status
cbg
Super Moderator
If you are asking whether there is a specific law which, across the board, prohibits an employer from saying anything negative about an employee and his/her medical condition, no, there is not.
Now, if you want to give us the specific circumstances that you find yourself in, we can address them. But your question is far too broad to give you an effective answer.
Now, if you want to give us the specific circumstances that you find yourself in, we can address them. But your question is far too broad to give you an effective answer.
columbia_645
New Member
My daughter-in-law has been absent from her job due to a contagious virus ( conjunctivitious) Her manager has stated to her" corporate is watching your absence" in an intimidating manner, trying to force her back to work, even thought he doctors documentation gave her required time to be out of public contact before she returns to work. She worked hard for these people over the holiday season, working 7 days a week, and when she asked to use vacation time was denied by her boss without giving a reason, and in the same breath telling her she was going to lose her vacation time,even though they did not have coverage for her position so she could take her vacation. I would have to get other documented information from her to go any further
Thank you for your reply
Thank you for your reply
cbg
Super Moderator
Her manager sounds like a real piece of work. But being a jerk is not illegal.
Outside of FMLA, a doctor's note has no force in law. The fact that she has a doctor's note does not grant her any protections. An employer is not required to follow a doctor's notes unless, as I said, FMLA applies.
FMLA applies when ALL of the following are true:
1.) The employee has worked for the employer for no less than 12 months
2.) The employer has no less than 50 employees within 75 miles of the employee's location
3.) The employee has worked for no less than 1,250 hours in the 12 months immediately following her leave
4.) The employee has a serious health condition as defined by the FMLA statute
http://www.dol.gov/DOL/allcfr/esa/Title_29/Part_825/29CFR825.114.htm
If even one of these criteria is not true, FMLA does not apply.
Telling her that "management is watching" is not, IMO, illegal harassment. I'm not 100% certain that it would be enough to be considered illegal harassment even if we were certain FMLA applied.
Outside of FMLA, a doctor's note has no force in law. The fact that she has a doctor's note does not grant her any protections. An employer is not required to follow a doctor's notes unless, as I said, FMLA applies.
FMLA applies when ALL of the following are true:
1.) The employee has worked for the employer for no less than 12 months
2.) The employer has no less than 50 employees within 75 miles of the employee's location
3.) The employee has worked for no less than 1,250 hours in the 12 months immediately following her leave
4.) The employee has a serious health condition as defined by the FMLA statute
http://www.dol.gov/DOL/allcfr/esa/Title_29/Part_825/29CFR825.114.htm
If even one of these criteria is not true, FMLA does not apply.
Telling her that "management is watching" is not, IMO, illegal harassment. I'm not 100% certain that it would be enough to be considered illegal harassment even if we were certain FMLA applied.
- Status
Share this page
