Not being allowed to take sick days

I have a dr note clearly stating that I suffer from severe migraines and need to take time to rest when I get an episode. HR is giving me a hard time along with my current boss about taking so many sick days. I have tried to explain to them that I should be allowed to take sick days that I have accrued for my medical condition. That I do my work when I come back. I have also been contacted while out sick to do work and once even asked to come into work which I did not do. Can they do this??

Asked on July 3, 2009 under Employment Labor Law, Florida


B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You need to request, in writing, a request for a "reasonable accommodation" under the Americans With Disabilities Act, with a copy of the doctor's note attached.  Keep a copy of both, for your records.

After you've done that, if they keep harassing you, or take any action in retaliation, you need to talk to an attorney who does employment discrimination cases, who can lay down the law to your employer -- or sue them, if they still don't comply.

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