Legal Question in Medical Leave in Tennessee
Employer has different rules for different employees
My daughter works for a private utility company who bases paid sick leave on a case by case basis. Four years ago she had a C-section with her first child and was allowed to have 8 weeks of paid sick leave. She was told that with this pregnancy, she will only be allowed to have 4 weeks paid time off, but can take up to 16 weeks FMLA Other employees with different surgeries have been allowed more paid time off. Can this company legally allow one employee to have more paid leave than another depending on the type of ailment?
1 Answer from Attorneys
Re: Employer has different rules for different employees
From the company's standpoint such a policy is very dangerous. They should not make distinctions based on the type of aliment as that may violate the ADA or the FMLA. Also they need to make sure that their actions do not discriminate against particular types of employees in protected groups such as female employees. A sick policy should be objective and neutral. Too much discretion could create problems.
I would say that where there are subjective determinations, there are probably violations of the law. You should see an attorney and tell him/her the entire situation and see what they can do.
Please feel free to contact me if you have any more questions. 901.527.5522 or [email protected]
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