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A.J.
A.J., Employment Lawyer
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Can your employer suspend you 2 days without pay if you have

Resolved Question:

Can you'r employer suspend you 2 days without pay if you have a doctor excuse saying must be absent that day. i had a finel warning in oct however they included doctor excused days and an emergency surgery for my mother a total of 3 days i feel should not be counted aginst me.
i had infected tooth couldnt make it to work gave them a doctor excuse and they suspended me and gave me an absolute final warning is that legal?
Submitted: 5 years ago.
Category: Employment Law
Expert:  A.J. replied 5 years ago.
Hello, and thank you for contacting the just answer team.

Just so that I can most accurately answer your question, what state do you live/work in? I apologize if this information has already been posted, sometimes it doesn't show up on our screen right away.

Thanks
Customer: replied 5 years ago.
pa.


Between June and July 2008 i had missed 4 days of work 1 of those day was a emergency surgery for my mothers heart, one was an excused for a shoulder injury however i didn't blame it on work but I'm sure that is where it came from and i had a doctor excuse. october i had missed for another surgery for my mom.Jan 2009 i forgot my time card and my boss gave me 2 points march2009 i had the flu and missed 2 days doctor excused.may 19 i called off for an infected tooth again DR.Excused i only had maybe 2 unexcused days anyway,on 5/20/09 my plant super,
Suspended me for 2 days without-pay and gave me a final an absolute final warning as he gave me one in 10/30/08 as well however all of my absents were excused with emergency or doctor excuse i would have to dig for the exact dates but i know i shouldn't be punished for being sick,But Dr excuses mean nothing to him he said if im sick come in anyway.
so i will ,But can they suspend you if you have a Doctors Excuse? they say i have 50 point 6Pt's for a call off counted back in june 2008.
Expert:  A.J. replied 5 years ago.
Ok, thank you for the extra information.

In Pennsylvania, as well as in most other states, employees of private companies of 50 people or more, or employees of any public agency, are entitled to protection under the Family Medical Leave Act, which guarantees employees up to 12 weeks of unpaid time of to deal with medical emergencies/situations. Although the FMLA doesn't guarantee paid time off, it does protect an employee from being punished for taking time off to care for themselves or for a close family member. Violations of the FMLA should first be reported to the United States Department of Labor, which can be reached HERE.

Unfortunately, if your company has less than 50 employees, they are not subject to the act and, as an at-will employee, you can be disciplined for medical absences as the company sees fit. This is a huge loophole in protections for sick or injured workers in this country (including in Pennsylvania), but it has not yet been addressed by Congress.

I hope this helps, and thank you for the opportunity to answer your question. If you have any follow up questions, please do not hesitate to ask by clicking "reply". Otherwise, please remember to click the green ACCEPT button so that I can receive payment for my work.

Take care
A.J., Employment Lawyer
Category: Employment Law
Satisfied Customers: 4219
Experience: Licensed to practice law, I have experience in Employment, Appeals, and Landlord/Tenant Law
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