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Does anyone know if employers in Indiana are allowed to penalise you for being absent if you have a doctor's note? My husband has been sick for about two months now. He has walking nemonia and his employer is telling him that he can't take off to finally get better even with a doctor's note. He has already taken off three days, but that wasn't enough for him to kick the sickness. He starts to get better on the antibiotics, but as soon as he stops taking them, he gets really sick again. He has been on them three times now with two shots of it along with the pills. They took his vacation days away and are threatening to write him up. He had a note and anyone can tell he is really sick. Is this legal? Can they really penalise him for a doctor's note?
(I posted this somewhere else too. I wasn't sure where I'd get a response.)
i beleive that flma......family leave medical act....is available in indiana, it allows you up to 12 weeks out of work for medical reasons for you or to take care of a family member. it is unpaid leave. there is some paperwork to fill out its not automatically given to employee. hope this helps, take care
A lot depends upon company policy. It is up to them as to whether they will / will not accept an out of work Dr's note. The company that I worked for had it in their policy that Dr's notes do not exempt your absence if you no longer have any sick days available to use.

If the company that your husband works for has 50 or more employees, and your husband has worked at least 1250 hours over the past year, he would be eligible for FMLA. He would need to talk to someone in HR about getting the paperwork started and his Dr would have to explain why and how long he would need to be out of work. Then the company would decide if there was a good enough reason for him to be given FMLA.

FMLA is unpaid leave, so your husband would also need to see if the company offers STD (short term disability) that would pay part of his wages while he is out recuperating.

I hope that this answers your question.

Angel ^j^
I've always been crazy, but it keeps me from going insane.
Happiness comes through doors you didn't even know you left open
I'm not sure but I don't think it's legal for them to take away his earned vacation days. You might contact a lawyer to find if I am correct or not.

Adding your hubby to my prayer list, I hope he is able to kick it soon. BTW he really nees to rest, it's rare I think but people do still pass away from pneumonia so please tell him to rest and take care of himself.

Please click the link below to help provide food for homeless animals. It's free and only takes a second of your time! Thanks Smile

If I were You Find Your Husband's Company Policy Booklet And See If It says Anything In There About taking Away Vacation Or Sick Days If You Have been off a certain amount of days,I Think The FMLA would be an option or short term disability as Angel suggested, Good Luck, Halftrak
no matter where you're at there you are
Are you sure that they took his vacation days away ?? Or could they have charged his vacation days to some of the days that he has missed due to the pnuemonia?? I had to use up all of my sick and vacation days, what little I had, before my short term disability kicked in back in '07. Depending upon the employee handbook, this is something else that the company may be allowed to do. I would look into it, and if it isn't in the handbook, then I would look into contacting the EEOC and/or a good lawyer for labor violations.

Angel ^J^
I've always been crazy, but it keeps me from going insane.
Happiness comes through doors you didn't even know you left open
When I worked I had a supervisor write me up for excessive absences even though every absence was Dr ordered.I refused to sign the evaluation and filed a grievance through my HR office. The HR lady was extremely apologetic for what had occurred and the supervisor had to revise the evaluation and had to apologize to me. I live in Oklahoma and this was covered by my employee handbook which the supervisor failed to follow.
Morning Hurt...How is hubby today? With my employer as long as you were on FMLA or some form of approved medical leave through the company they didn't bother you BUT always had to use sick days first and then all vacation and personal time. I'm not sure what I'm missing but I thought that's what sick days were for. The threatening to write him up I think is a disgrace but each employer does it differently. My WC attorney always told me that the best an employee has is to go by the employer's handbook if they have one and if not you can at times go by Co. policy. What they do for one they should do for all. I don't know a employer around who wouldn't take all sick days and vacation days. How else would the employee get paid??? I'm sorry but I'm a bit confused.


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