Is it legal in wi to be written up due to missing work due to having the chicken pox I’m a valet for a hospital

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Is it legal in wi to be written up due to missing work due to having the chicken pox I’m a valet for a hospital

I already have attendance issue but when I went
back to work after 8 days of not attending due to
having the chicken pox I was written up. My doctor
said I had to be off because I’m severely contagious.
Is it legal to write me up

Asked on June 29, 2016 under Employment Labor Law, Wisconsin

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Did you use paid time off (PTO) for your absence, like sick days? Or did you use (and therefore was your company covered by and you eligible for) FMLA leave? If you did, then you could not be written up for using legally protected leave or benefits (PTO) which you earned.
But if you did not use PTO or FMLA leave, then you may be disciplined, written up, or even fired if you miss work for chicken pox (or any other reason). The law does not make employers keep employees who miss work for any reason, even health reasons, unless they had some benefit to cover the absence (the PTO) or used a leglaly protected leave. It doesn't matter if you were contagious: while it was right from a public health point of view for you to not come in, companies are not required to take account of health concerns.


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