I wonder if this is discrimination?

At work yesterday, we had our monthly office meeting. Because of one person in our office that calls in at least twice a week, they have implemented a new rule: maximum of 5 days per year that you can call in. With or without a doctors excuse. So, now when I've really overdone it or am in a flare I won't be able to call in for the day. Grrr, I'm so infuriated that the company won't deal with the person who is abusing the system which now makes it impossible for people like me with a chronic illness. 

Your office sounds just like mine. I have been working for the same office for over 14 years. We were a bit smaller when I started, and when we had doctors appointments back then we would just go, come back after the appointment, and we didn’t have to make up time and no one abused it. Then one woman started (she is no longer here) and she started not only missing work constantly but didn’t have to make up the time that she was gone, but it wasn’t for herself, it was for her children too, one had serious behavioral problems and the other had learning difficulties so instead of them approaching her directly, we were told that we would now have to either make up the time for the doctors appointment or be docked.

Aren’t there laws for the disabled to protect them against things like this? (I work in a law office, but they sure aren’t going to share that kind of info with me.) I hadn’t checked in here in awhile, but your post caught my eye because I was out yesterday.

When ever I do come back, I always feel like I am not believed although I have been to several doctors who gave me the same diagnosis and I am on oodles of meds.

(By the way, I noticed your name and I am a part of the Who Dat Nation, I live right outside of New Orleans!!)

You might want to find out if this rule also applies to people with chronic illnesses.  They said five times even with a doctor's excuse...but they didn't mention anyone with a disability or chronic illness.  It would be worth checking out.  Your doctor could write a letter letting them know you have a chronic illness.  But, I don't know if they could let you go then.  If you miss enough work that the company suffers, then you really can't do much, I don't think. 

 

They probably handled it this way because if they went after that one person, that person could claim "discrimination".  I'm just guessing here but they probably could see "the writing on the wall".

 

Sorry this has happened to you.  It's so hard when you are really trying.  Just don't overdo!

 

Sherrine

I would be very careful what you discuss with your employer when it comes to a disability or a chronic illness.  Most states are "At Will" states, which means, that they can let you go for whatever reason they want, as long as they don't discriminate. 

As a private company, they can make up any company policy they please, as long as they do not break local, state, or federal laws.  If there is no law regarding how many sick days is too many, then they can set it at 5.  It is their company.

Now, if you have documentation of a disability, then your employer needs to know this.  You have to follow the federal law regarding the defintion of disability.  (This isn't something that your doctor can write on a script pad and expect your employer to accept it.)  This will require your employer to make "reasonable accomodations" for you.  That means, that if you are a waitress, and you have a lifting restriction of 10 pounds, then your employer would have to find another way for you to not have to lift anything over 10 pounds....as long as it is "reasonable".  If there is a position available in the same company that wouldn't require you to lift anything, maybe as a hostess, then you might be a good fit for that.  They company is not required to put you in that position, especially if they have to move someone out of it.  The company may try for a while trying to make "reasonable accomodations", but it may get to a point where that is no longer feasible, and then they will be able to let you go because of an illness/injury/disability.  Be extremely careful if you do have restrictions because if you get hurt while working and you break that restriction, you not only may not be covered by work comp, but it will give the company the power to let you go on the spot.