Can I be written up for calling in sick due to extreme anxiety?

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Can I be written up for calling in sick due to extreme anxiety?

I was hired by the GM of the store I work for and before she hired me I told her I have mental illnesses and cases of extreme anxiety. She hired me knowing this. I have worked there for 5 months and now my psychiatrist cut my anxiety medication dosage in half. I made all managers, including my GM, aware of my situation. Now today I’m having extreme anxiety; I can’t even drive so I called in and was told I have to find someone to cover my shift or I have to come in. If I had a problem with that then I can call and talk to the GM when she got in. I couldn’t find anyone to cover

my shift and I was literally crying talking to my GM. She asked if I had taken my medication today and I said yes but it isn’t helping. She told me not to come in but she felt it wasn’t a reasonable excuse for missing a shift and that I will be written up for it. Is it legal to write me up for missing due to extreme anxiety? Would a

note from a therapist excuse the write-up?

Asked on February 25, 2016 under Employment Labor Law, Minnesota

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Yes, it is legal to write you up for missing work, even if it is due to a medical condition. The law doesn't let you be disciplined for *having* a condition, but it does allow you to be disciplined for things you do (or fail to do) at work, even if they are caused by a medical condition. Despite having a condition, like anxiety, you have to be able to do the job, which includes being able to show up for work and function once you get there.


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