Help! I Have Swine Flu And My Job May Fire Me!

[Kumatora]

Unfortunately I have been diagnosed with Swine Flu and Strep Throat at the same time. I've substitute taught at schools that had outbreaks of it (nearly all the schools in the main district I sub for have it). I have been feeling miserable all this week.

 

I work two jobs; substitute teaching and retail. Asking off from subbing is not a problem, especially since schools are dealing with Swine Flu and are very understanding about letting teachers and students off if they have it. However, it's the retail job that I am very concerned about. According to the company handbook I can only ask off for 7 days in a whole year. Anything beyond that will result in write ups, suspension, and lay off. I asked during my orientation what if I had a doctor's note to prove I am sick for all my leave of absence, especially swine flu being a major concern, but they said they will still write me up anyway! Yikes!

 

Right now I have two sick days left to use up. Since I am nowhere near getting any better and I may end up taking those. All my take offs have been because of Swine Flu. I need to carry two jobs because the retail job offers benefits and increased hours; subbing does not. I cannot afford to lose this job or I get no health insurance. I have been job hunting for months for entry level careers that provide benefits for months and have not been successful.

 

My question is what do I do if I have to request more sick days because I come down with a serious illness and can't be near the public? Are there federal laws that protect employee from being laid off because they are sick and proof of it? I know that it's a federal order in the US that anyone with Swine Flu has to be quarantined from the public or anyone living at home with them. What should I do when I am confronted about taking additional sick days than required even though I have doctor notes to prove that I have a serious illness? I just have a strong feeling they will not be forgiving and will try to look for a random excuse to fire me because I've seen most retail jobs play those games. Thanks!

[gsxr104]

I would check the Labor Laws in your state through the Workforce Commission or through the Employment Commission. They could better advise you.

[d24]

as far as i know no 1st world country would allow a worker to be fired for being sick and staying at home under doctor's orders with a sick note to accompany it.

If they did they'd be in for a sueing.

 

My advice: take as long as you need (with doctor's permission/advice) and if they fire you... get a lawyer.

[Kumatora]

I would check the Labor Laws in your state through the Workforce Commission or through the Employment Commission. They could better advise you.

Will that work for out of state? I work in a different state for a retail job. I'll look into it. Thank you!

 

My advice: take as long as you need (with doctor's permission/advice) and if they fire you... get a lawyer.

Lawsuit maybe a farcry. I have to pay court fees, lawyer fees, etc. Money I don't have

[maverick554]

Yeah I think it would be illegal for them to fire or repremand you for taking time off due to being ill when you have medical documentation. Especially since its swine flu and the government is taking many steps to contain and stop that strain of influenza. Like others have said you should check the local labor laws, and see what your options are. I really think that they would get sued if they fired you for it as long as you follow the company guidelines of reporting the illness and submitting medical documentation to substantiate it. I remember at a former job I had they said at orientation that taking any more than like 3 days off due to illness, even with medical documentation, would result in being repremanded, but it was all talk and I never saw them follow through on it. Again too much exposure to liability.

[CatsMeeoow]

You need to get advice for the state you live in... each states rule are different. In my state you can be fired for whatever reason... employment may be terminated at any time by the employer. Done deal whether you are sick or not.

 

If you are only part time you probably won't qualify for unemployment.

 

Your best bet is to contact your direct supervisor and inform them that you have H1N1 and in order to keep your job you are willing to come in if they are willing to let you infect the rest of the staff.....

 

Good luck and try not to stress out to much - it will impede you getting better.

 

Hugs!

[d24]

Lawsuit maybe a farcry. I have to pay court fees, lawyer fees, etc. Money I don't have

 

no win no fee places are everywhere these days

[unabashed]

I believe the laws depend upon the state, but I do think you can be let go for missing excessive amounts of work, regardless of the reason. You have to demonstrate that you are capable of doing the job at hand, and missing too much would mean you can't do it (as far as they're concerned). If you are not protected under discrimination laws, it would be difficult to get a lawyer to take a case that he or she didn't believe he could win. Unless a law is broken, it's hard to make a good case.

 

In one job, I was let go simply because they had hired a new director, and they needed to give her something to do while the old director was transitioning out. I would guess that there was more to it, but that's what they told me. After three years of doing the job, with good reviews and raises, I thought it was unfair and probably illegal. I spoke to a couple of lawyers and, although they sympathized, they said that in NY, I could be let go "at will" and there was nothing I could do about it. Once they established that I wasn't in a protected group, that was the end of the conversation. I didn't ID as gay then, but I don't think that is protected even now.

 

Why don't you set up a time to speak to someone in personnel now, before you get any sanctions, and see if you can gain their support. Now that they know you and your work, they may be willing to extend their policies. Having a good, reliable employee is important, and it would be more costly to train a new person.

[sophie274]

How sick are you? Honestly if I were you I would try to go back to work as soon as possible, even if you still don't feel 100%.

 

If you have a fever, then you should stay at home as you could still be contagious, but if you can make it through a work, then I think it's worth it so you don't lose your job.

[BellaDonna]

Departments of Health everywhere have been strongly pushing guidelines that anyone diagnosed with H1N1 HAS to stay home in self-isolation until their fever has been gone for at least 24 hours ( and that 24 hours has to be without the help of fever-reducing meds).

 

If your company is oblivious to that, and would insist that you come into work anyway, they are plain stupid and they are putting all of their employees and consumers at risk.

 

You should get a doctor's note which outlines you need for time out to recover. Don't even act like going against the doctor's note is even an option. Don't ask, just tell and do it. And if they fire you for that, you should go to the media.

[abitbroken]

I would get a doctor's letter or note explaining your condition. There may be a difference of 'asking for days off' just because and having an illness. Make it clear that you are not expecting to get paid for the extra time off unless you have vacation time, etc racked up. Taking a short medical leave is highly acceptable.

 

I would tell them that you are ready and able to come back to work when the doctor clears you.