My employer penalizes employees for the use of sick leave by including it in annual evaluations,is this legal?
I'm looking for case law, etc. to prove this isn't legal. Sick leave is one of 16 'must rate' categories on our annual evaluations and scoring low in this category can preclude you from attaining pay raises and promotions or special positions. I don't think they can do this and my union is no help.
I'm sorry, I don't know if it's legal or not, but I sure hope it is. If your employer want to keep pay from you because you didn't go to work, that seems perfectly ethical.
I set tile. If I don't show up one day, I don't get payed that day. I get payed for what I work--not for when I'm sick.
Yes, it would be nice if your employer paid you when you were sick--that would be kind--but people aren't forced to be kind. If he signed an agreement that said that he would pay you, then, sure he has to stick by his word. But if not...he doesn't have to pay you for things that you didn't do.
You don't have a right to pay raises, promotions, or special positions. It is his decision because you are working for him. If my employer suddenly decides to pay me 5.15/hour instead of what I usually make, I can leave and go somewhere else. I have no 'right' of gettin paid what I do. It is jus a priviledge that my employer is currently giving me.
harsh, huh? too bad the truth can sometimes be harsh. (I probably won't get 'best answer' on this one huh? disagreeing with the asker and all...telling you what you don't want to hear...)
don't get sick, your company and afford better lawyers.
i dont know if its illegal but its not right for your employer to do that...
there is no law that even gives you a right to sick leave.
there are no laws that even say you have to get a raise, the company can lower your pay anytime they want unless you are union and have a contract.
There is no rules or laws, they are free to decide how or not how to give any raises.
It is legal for an employer to take into consideration your sick time use as it pertains to annual evaluations. Sick time is a privilege not a right and so are pay raises. Normal use of sick time should not be used against you, everybody gets sick, but excessive use of sick time will be counted against you because when you are out alot, your co-workers have to pick up the slack which means you are not performing your share of the work. This of course would mean no raise. Sorry.
It sounds like their are provisions in your company for sick leave, I wonder if it is legal to put it in your annual evaluations. It seems like if it appears to be a pattern of abusing your sick leave, then it would be something he would discuss with you, require doctor statements, etc. If you overabuse your sick leave, your boss would have a right to dicipline you. Give you a chance to improve and if your situation is that you really have an illness that is prolonged, he may have to do something more drastic.
are you sickly...?? how much sick leave can you take yearly..?? and do you use it all...??
trust me..ill bet they got a lawyer all over this and you dont have a chance...
if your 'sick' all the time how can you be as effectyive at your job as someone who isnt..?? simple as that
