Sick days/Flexible schedule

[PK1220]

What is the name of your state? Massachusetts

Hello,

I have recently returned to work from a three month maternity leave. In the past month I was forced to take three sick days - 1. I was sick 2. My child was sick 3. Due to recent weather conditions my daycare center was closed and I had to stay at home. Today my manager met with me and gave me a letter, stating that if my attendance does not improve it may result in a disciplinary action, including termination. Is this true? Can they do that? Company policy states that you are allowed 5 sick days per year.
Question 2. Prior to going on maternity leave, we discussed the possibility of having a flexible schedule, in my case working 4 days a week, and taking a pay cut for the fifth day that I would be spending at home. I brought up the issue at todays meeting, and was told that after a consideration they would not be able to accomodate me, since my job requires me to be present at the office 5 days a week, for a total of 40 hours (I'm in sales), and that they also do not want to set a precident. The problem is, another woman in the office does work flexible hours such as those I requested. She is a VP of that group. Am I being discriminated against? Can the company offer certain accomodations to one person and not the other due to difference in their positions?
Finally third question, if I am terminated because of my attendence, will I be able to collect unemployment?
Thank you in advance. PK

 

[cbg]

1.) Yes, they can do that. To put it bluntly, your day care problems (or your child's illnesses) are not your employer's problem. From your description your child's illnesses would not be covered under FMLA so there is no protection there. Barring such protection they have no obligation to allow you additional time off because of your daycare or family obligations.

2.) No, you are not being discriminated against. Yes, they can offer accomodations to one employee and not another. If they choose to allow a VP to work from home but not a salesperson, that is perfectly legal.

3.) Whether or not you can collect UI if you are fired for attendance reasons is a toss-up and is too situtation specific to call. I'm also in MA - I've had employees who were fired for attendance who were approved for benefits; I've also had an employee who was fired for attendance who was declined for benefits when I didn't even contest. It's going to depend on the adjudicator of your claim and the exact situation.