I am a full-time employee and have multiple sclerosis. I was in the hospital for 5 days not too long ago and used all my sick time. Now my employer tells me I cannot take anymore sick days. If I have to take additional sick days because of my condition, wouldn't a Dr's note excuse my absence?
-- Amy
Attorney Steven Bloom of Cushner and Bloom in Brookline tells me that, generally, an employer does not have to allow an employee to take additional sick time just because of a doctor's note.
However, attorney Bloom says it is possible that the employer may have a legal obligation to allow the employee extra sick time under the Americans with Disabilities Act (ADA), and/or Massachusetts General Laws Chapter 151B, if the employee suffers from a substantial impairment which materially interferes with a major life function (such as working) and the extra days off constitute a "reasonable accommodation" under the law. Whether the extra time is a "reasonable accommodation" is a complex issue that requires an analysis of the facts and, in most cases, employees seeking such an accommodation would do well to retain the services of an experienced attorney.
If the employer is required to make a "reasonable accommodation," then the employee, if salaried, would be protected from any deduction in pay, as long as she completes her assigned work. If she is an hourly employee, then she may have the right to make up the hours.
Attorney Bloom also notes that, depending on the size of the employing company, an employee may be entitled to additional time out of work under the Family Medical Leave Act (FMLA), which allows up to 12 weeks of leave per year for medical reasons without jeopardizing the employee's job. During this period, the employee is not entitled to be paid but retains her health insurance benefits. The U.S. Department of Labor has a nice Web Page that provides an overview of the statute: http://www.dol.gov/elaws/fmla.htm.
(Submitted by the Editor)
Extended time off for illness
To supplement the above post, in addition to the possibility of coverage under the ADA, Massachusetts employees may be able to take time off from work under three separate laws. The FMLA, mentioned above, allows eligible employees (a person who is employed by an employer with at least fifty employees who has worked for at least 12 months and worked at least 1,250 hours) to take unpaid, job-protected leave for specific family and medical reasons. While on leave, the employee's group and health insurance must be maintained. Eligible employees may take up to 12 weeks off for: (1) the birth and care of a child; (2) adoption or a child or the acceptance of a foster child; (3) to care for an ill spouse, child, or parent; (4) a serious health issue that renders the employee unable to perform the essential functions of her job; or (5) an emergency resulting from the employee's relative's (spouse, son, daughter, or parent) active service in the military.
Additionally, employees in Massachusetts may be eligible for time off under the Massachusetts Maternity Leave Act or the Small Necessities Leave Act (SNLA).