You do not plan on being sick, and when you are sick you want to know that taking more than a couple of days off is not going to cost you your job. If your employer gives you both paid sick leave and family medical leave, you are entitled to use the maximum allowed when you need it. When you or a family member is so ill that you exceed the number of sick days and family medical days allowed in a calendar year, your boss should be willing to work with you on this matter. If you are fired instead, here is what you should do:
Make Sure You Have Done Everything You Could
If you made formal requests for all of your sick leave and family leave, and it was all approved, you did what you were supposed to do. Once you used up all of the leave available to you, you should have also met with your boss to discuss the situation to see if there was some arrangement or agreement you could come to in order to deal with a longer-than-expected illness.
Employers do not have to help you work through difficult illnesses, but if yours is willing, draw up an agreement that states you will return to work as soon as you are able, or as soon as your family member has recovered
When Your Boss Still Fires You
You may have some rights under worker's compensation laws when you are fired for taking too much sick leave, especially if the cause of your extended illness is at work. Many industries work with toxic chemicals, and when you have been affected by these toxins, returning to work and absorbing or accidentally inhaling them is the worst choice you can make.
Making multiple special requests to change positions in the company to get away from the toxins and/or requesting special accommodations on the job should be honored by your employer when you have medical records to back up your request. You should not be fired for illnesses that are not your fault or for situations that are out of your control.
Worker's Compensation Lawyers Can Help
Yours is a special situation. If you had the choice, you would not be sick all the time or have to stay home to take care of sick family members. Your worker's compensation lawyer understands this, and can help you fight for compensation and/or prove that you are the only one who can take care of you and your family. You may even be able to sue for additional compensation from your boss if the lawyer finds that you did everything possible to keep the job and make an effort to be present and on time.
To learn more, contact a company like Malone & Atchison with any questions you have.
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