Submitted by sharkymcmiller t3_ysowr8 in massachusetts
My father injured his hand at work and was told by his HR department to go to a doctor. He went to the doctor and got a note excusing him from work for the next few days. Upon his return, he was given a warning for each day missed. He’s now terrified of losing his job. Is this legal? What recourse does he have? Thank you in advance.
Thank you so much for that information.
Yep, he did let them know and provided the doctor’s note too.
Im pretty sure they have to allow sick leave. You are talking about only a few days. My own company last year did something with how some of our time-off is categorized, in order to bring them in line with Legal requirement to Allow sick leave. Which is what it was if he has doctor note. Additionally sounds like it was worker's comp. If employer is giving him warnings over being absent due to a Work Injury, probably best to consult a lawyer, like the one someone else has linked.
● Not a lawyer ● But one of the most important documents, (if work related) will be the official accident report ! Do not allow his supervisor, to stand over, or demand you fill it out in HR office. He will need to show ,this injury was and is a part of his regular job duties....also It seems that accident report should be completed ASAP ! ALSO, HR is there to protect the company, Workers comp. To protect the injured worker. GOOD LUCK !
Be sure you are getting the full story though.
I assumed they paid him for his time off with sick leave, which they do have to do as long as he has acquired the hours.
I think that is separate than what OP is asking.
So you have a doctors note for a medical emergency? Just so you know, that leave would be protected under MGL 175M. One of the really cool things about the PFML law is that it expands FMLA protections to all MA employers - it’s not just a cash benefit.
“Medical leave shall be available to any covered individual with a serious health condition that makes the covered individual unable to perform the functions of the covered individual's position.”
>Upon his return, he was given a warning for each day missed.
This is called "retaliation".
(c) Earned sick time shall be provided by an employer for an employee to:
(2) care for the employee's own physical or mental illness, injury, or medical condition that requires home care, professional medical diagnosis or care, or preventative medical care; or
(h) It shall be unlawful for any employer to interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right provided under or in connection with this section, including, but not limited to, by using the taking of earned sick time under this section as a negative factor in any employment action such as evaluation, promotion, disciplinary action or termination, or otherwise subjecting an employee to discipline for the use of earned sick time under this section.
Get a lawyer. Do not take this issue directly with the employer - without having a lawyer to back you up first. Tell your father to try to avoid meetings with his bosses and HR - get everything in E-mail. If he has to go to a meeting, take notes and put them in an E-mail to the attendees and ask them to confirm your notes are correct. Don't sign anything without a lawyer present.
If your father has his most recent performance review prior to the injury, that would also help.
Hi! It's my literal job to know this (although I'm not a lawyer) but this is almost assuredly illegal. MA requires employers to have earned sick time policies and there are minimum standards required of them. It needs to be paid if the employer has more than 10 employees, but even if it's unpaid there are still protections from retaliation.
It is possible for them to be legally shitty about this if it's within the first 90 days of employment or if the employee has used up all the year's possible accrued time.
If that doesn't apply I encourage you to file a complaint with the MA attorney general's office via the fair labor division. (The department of labor is a federal entity and wouldn't enforce this).
PS he should also reach out to the dept of industrial accidents to check in about whether the company has an appropriate workers comp policy
I work for an equally douchey company. Is he out of sick days? We have like 14 days planned sick. Anything over that they issue warnings even if you have you have Covid and you would make everyone sick by going in.
but if the injury occurred at work it’s worker’s comp not part of the PFML.
And also pfml has an approval process - it's not the same as sick time or workers comp
https://www.mass.gov/info-details/massachusetts-law-about-sick-leave
I can't find it easily but IIRC there's a provision in MA whereby you could use up to 4 days of paid sick leave and the company can get reimbursed by the state for it.
If each warning is a written warning, I'd produce the note and the request from HR, raise the laws that back his case, and ask that the warnings be removed from his file.
Then leave ASAP as this is a fucking horrible manager.
Apply for FMLA
No it’s not legal
He has all the recourse in the world. He should actually be getting paid for missing work with a work related injury. They should also be paying all of his medical bills.
I am an employer in the state and have dealt with a couple work place related industries. If necessary seek legal counsel
Not legal at ALL. This is an injury on the job. He needs to report this to the department of labor, apply for workman’s compensation, and get a lawyer. They will work on contingency. His employer needed to pay for the doctors visit, and to be retaliated against for getting treated for a work place injury will entitle your father to damages
He should make a Workers Comp claim. If they won’t let him, he should see an employment lawyer.
Thank you so much! We’re following up with the DOL and potentially a lawyer.
Thank you! The company itself is horrible. They’ve been involved in several lawsuits, so this doesn’t surprise me. My father is on the older side and will likely have a hard time finding another job. But I appreciate your concern and all of the helpful information!
Thank you so much!
Hi! I believe he might be out of sick days and PTO.
I believe you're thinking of the emergency fund for COVID, which no longer applies. The regular sick time requirements sure do though!
Gotcha, thank you for the info!
No. Workman's Comp.
The thing that I think is missing is this should be for “unexcused “ whatever that means. If he got hurt AT work you’d think that would be excused. I’d have him talk to HR and then maybe The Boston Globe
Revolutionary-Toe789 t1_iw07kps wrote
Not a lawyer, but a doctors note doesn’t keep you from being fired if not on PFML or Seeking reasonable accommodation after being disabled. You Can’t fire someone for seeking workman’s comp. Without more info this seems like a shitty, but likely legal situation IMO.
Dad can likely file suit for his injury as it was work related.
Just curious, did you dad let work know he wouldn’t be coming in in advance? If so, his workplace sucks.