Thank you for that information. I am not sure why the employer has such a sick leave policy, but assuming that they enforce the policy for everyone, then that is legal, since they don't have to offer any sick leave at all. On the other hand, if they are only applying this three day in a row rule to you, then that would likely lead to a successful disability discrimination
case. Another issue here though is why you have not been offered FMLA
. That is the Federal Act that provides job protection for up to 12 weeks in a 12 month period for employees who have serious health conditions. In order to qualify, your doctor must certify that you need the time off (can be intermittent) due to a serious health condition. Your employer must have at least 50 employees and you must have worked for them for at least 12 months and 1250 hours in those 12 months. If you have, then your employer has violated the FMLA by not providing you with the certification paperwork.
If that is the case, then you can file a complaint with the Wage
and Hour Division of the U.S. Department of Labor
. If your employer takes an adverse employment action against you because of your absences that should have been protected by FMLA, then you would have a wrongful termination
cause of action under the Act.
If, for some reason, you have worked at least 1250 hours in the last 12 months and therefore don't qualify for FMLA, then again, the employer can take adverse actions against you for failing to meet attendance policies, as long as it is a neutral policy and everyone is treated the same under the policy. Otherwise, as I mentioned above, you might have a disability discrimination case and you could file a discrimination complaint with the Colorado Civil Rights Division.
Please let me know if you need any clarification. I would be glad to assist you further if I can.