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I was working at a location, and then I was hospitalized for almost a week. I told the person in charge as soon as I was admitted that I would be out of work. Then when I was about to be discharged, I called and told him I would be returning on my regular day of scheduled work for the week. I showed up and another guy was there to do my work. The guy I was relieving said that they had hired another guy to replace me and he began training the day before.
I work security. If they reassign me, I will feel as if that is punishment. Isn't that illegal? Also, one of my coworkers told me our employer also wanted to know exactly why I was in the hospital. I already know I do not have to tell them that. I live in California.
Re-assigning to a similar position is not considered a punishment under the FMLA. I don't know if California has any special laws that say the exact position must be held open.
An employer has the right in all jurisdictions I know of (again, I don't know California) to require documentation from your doctor if you've been out for medical reasons.
You haven't had this job for a year, therefore FMLA doesn't apply.
You're lucky they kept a position open for you at all - they could have simply terminated employment. As the previous poster stated, a similar position is not a punishment.
The OP wasn't out under FMLA. He just took a few sick days. Big difference.
It's common and legal to request documentation from a doctor for absences 3 days and over.
Re-assignment isn't punishment at all. Even though you were out of the office, life still went on for your employer. They still needed to have your duties covered while you were out.
If you were covered by FMLA your job in the company is protected. Not your exact assignment, simply your job with comparable duties. A different assignment location is ideal under this standard.
If you were not covered by FMLA at the time your company could have fired you without a reason.
I know it's standard to request documentation, but is it right that they want to know exactly why I was out? Like the condition I have and everything. I thought that was all protected by privacy laws.
And if they did fire me for being in the hospital, it really wouldn't be illegal?
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Quote:
Originally Posted by strikefirefall
I know it's standard to request documentation, but is it right that they want to know exactly why I was out? Like the condition I have and everything. I thought that was all protected by privacy laws.
And if they did fire me for being in the hospital, it really wouldn't be illegal?
No, if you don't qualify and apply for FMLA and are not on a contract = they can fire you for that or any other reason they like. Many employers require a doctor's note after 3 days, and failure to provide it is grounds for dismissal. FMLA prevents asking the specifics of a qualifying medical condition, but again,
if not on FMLA they can ask whatever they want. If you don't want to answer you don't have to but
they are making an effort to determine whether your absence should be excused or not and without the facts may rule against you. Attendance is a basic job requirement for most positions and regardless of the reason a person without a proven history of good attendance will be treated more severely by the less understanding employers.
As long as you have documentation that you were in the hospital and under a physician's care, you do not need to tell them why. That said, they can reassign you to another contract if they want to. I imagine you are an at will employee, so they can fire you if they want to.
If I get sick and am out for months I'd be willing to accept the fact my position might get filled by someone else. I wouldn't expect my co-workers to work endless overtime forever and ever to cover my hours just so I can get better. Yeah illnesses suck and life isn't fair sometimes, but those are the breaks.
If I get sick and am out for months I'd be willing to accept the fact my position might get filled by someone else. I wouldn't expect my co-workers to work endless overtime forever and ever to cover my hours just so I can get better. Yeah illnesses suck and life isn't fair sometimes, but those are the breaks.
Yes, but I was only out for 1 week and they replaced me the day before I was set to return.
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