It may depend on the status of the employee at the time of the bed rest. Important considerations could be:
Is the employee on Family Medical Leave Act leave for this illness or condition?
Is the employee on approved Short Term Disabilty?
Is the employee's 'bed rest' part of an ADA approve disability?
For instance, like any other sick day, (and if the employee is not disabled under the law such that the ADA protections would apply and if the employee is not taking FMLA ), the employee can be written up if they are breaking a rule. Some rules that may be broker are:
Failure to call in in a timely manner that they will be out sick, or
Exceeding the employees permitted sick days, etc.
Failing to complete an important project by its deadline, possibly
So, yes, the employer can have the right to a reprimand. But, depending on what has been transpiring, it also may not be permitted to take such adverse actions, as noted above.
Hope this helps!
I believe I have answered your question and I hope you a better understanding of your legal issue as a result. As you know, I am only the messenger and can not create favorable law if it doesn't exist, so please don't hold it against me if the legal result is not what you wish. If your question was in fact answered appropriately please click the GREEN "ACCEPT" button NOW, in order that it be recognized as such and I receive credit for my work from the company. This will not cost you anything, if you already deposited to the company for this service. Your promptness is greatly appreciated. In addition, Positive "FEEDBACK" and BONUSES are also appreciated. If you need additional related follow up on this particular question afterwards, don't hesitate to Reply and I'm happy to help you. And if you would like my assistance in the future, just put my name, STEPHANIE JOY, in your title or first sentence of post. Please keep in mind that I can only respond to your post and the information contained in it, as I do not know what you know unless you describe it fully. Also, due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so I apologize in advance if it means more interactions between us. At times, there can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break, or if it is late at night, I may have to go get some shut eye til morning, but rest assured, I'll be back for you. Thanks!
My Standard and Required Legal Disclaimer. The information given by me here is not legal advice. You should not and may not rely on anything on this website as legal advice and you agree that the nominal price you may pay for information here clearly does not pay for any legal advice. I am neither establishing nor accepting an attorney-client relationship with you. You must hire an attorney in your state as a matter of law, in order to receive legal advise and attorney/client relationship and rights. I do not claim to be licensed to practice in the state where this information is being provided or whose law would apply, if any. My licensing credentials are noted in my profile, which you have full access to. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate and complete information. Thank you and have a great day.
Your boss can do what he/she wants, unfortunately. However, consider writing your own rebuttal to this to be put in your employee file, although that might tick your boss off. Also, why are you not considering FMLA? Are you not eligible?
We has a similar situation: Employee gets bad virus (strep) combined with tonsilitis and is out for nearly 1 month, fully medicall documented, in fact, the Short Term Disability carrier covered his pay while he was out (not the employer, but the policy he paid for through the employer). Every several days to week or so, employee is at the doctor's due to (at first) very ineffectual antibiotics, then a respiratory diffculty that was ensuing, and each visit the doctor continued to keep him out of work, until finally substantial improvement was had on a new drug. For about the first 2 1/2 weeks, employee couldn't move his mouth without severe pain, so his wife would call the boss to advise he wouldn't be in if there was not doctors note yet for that day (there always was a note eventually). The assinine Boss writes him up for having his wife call, instead of him, and further ordered that any further call outs MUST be done by the employee, as if there is some rule that the employee has to physically be the one to give the notice. Although it proved ineffective, the employee did send a rebuttal to the write up to HR, at least pointing out the silliness of the boss for that particular write up. Anyway, my point is, she can write you up for whatever, except if you are on FMLA, this could be considered an adverse action that is prohibited. And yes, your boss is being bull-headed, I am sure. Some people just shouldn't be in a position of managing others - but I see it ALL the time.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).