Legal Question in Medical Leave in Kansas
I work for a corporation that according to my store manager has a corporate policy that if an employee takes a day off because they are sick, the employee is given one point. The store manager says if you get 3 or more points that he will terminate the employee. This same store manager is constantly threatening employees if they ask him questions about this or any other of his "quote" store policies and has the same canned answer, "get back to work and quit worrying about not feeling good or quit asking stupid questions. I don't have time for this and neither do you." He berates employees infront of other employees and the public. He treats employees in a very condescending manner and constantly holds the threat of termination over the employees. Employees are intimidated by him and scared to get help because they don't want to lose their employment. First, can a company have a point system to keep employees from taking sick leave, even when they have a doctor's statement that the employee is being seen for a chronic disease (in my case it is Crohns). I periodically have intense pain that requires going to a total liquid diet and am put on various medications and occassionally I have to be admitted to a hospital because of the intense pain. The store manager just says that I need to suck it up. I ask for time off or readjust my work hours on dates that I have regularly scheduled doctor appointments or need to have lab work. I am constantly refused by store management to be allowed to do so and again I am always threatened by termination. I don't know what my rights are. Added note, I have worked for the company for seven years and I really am a good employee and do not call in sick for any other reason. I have never abused the store leave policy in any way. Can store management (the company) condone this type of treatment and is it legal for them to allow the manager to foster such a hostile environment and do I have any legal rights under the Family Medical Leave Act? I like my job and it's helping me to pay my schooling bills to better myself. However, I can't continue working for this store manager if he's going to endanger my life because of health issues that sometimes go untreated because I can't afford to lose my employment. Who should I turn to? I have filed a complaint with the company, but thus far nothing has come of it. It had to be done anonymously for fear of my job. Thanks for any advice or relief that you might be able to provide me or send me in the right direction.
1 Answer from Attorneys
It appears that your case relates more to the ADA(Americans with Disabilitites Act) than FMLA. Do not endanger yoru health for a job. If your chronic illness requires reasonable accommodation, yoru employer must assist you in using that accommodation. Your corporate employer knows this, even if yoru manager doesn't. If your manger violates ADA requirements, then reprot it to yrou company. This is a general answer to your general question. . See an attorney in yrou area, sho can ask you about all of the facts, before deciding how to act. Let them know the specific facts of your case.
Good luck
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