Can I be written up for calling in sick due to extreme anxiety?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 8 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.