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Can I be let go for sick time?

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jamiecollins

Junior Member
What is the name of your state? AB

I have not been terminated yet although a letter of warning has been put in to my personnel file. Here's the background:

I have been employed with a company for 15 months and have used 10 sick days... I have been warned I am missing too much work and if it continues I will be terminated immediately... There is another employee who works here and he has used 16 sick days since I have been working here and he has never been talked to about it or anything?

If they fire me because of my absences is it discrimination?
 


cbg

I'm a Northern Girl
On the basis of the facts in your post, in the US the answer would be no, there is no evidence of illegal discrimination and yes, you can be let go for taking too much sick time. However, this site is for US law only. Canadian law is quite different in many respect. There is one, and only one, poster who knows Canadian law, and she doesn't come by often. If she does, I'm sure she'll let you know but until then you'd do better by finding a Canadian site (sorry, I don't know of one) or talking to a solicitor in your province.
 

jamiecollins

Junior Member
Thanks for the quick reply... I have had difficulty finding a Canadian site so I thought I would try this one just to get a general opinion of my situation.

It's just a little frustrating in that I may be let go if I call in sick one more day this year (I've used 2 so far) and this other person has used 6 already this year... (3 last week and now he's on vacation for a month!!) I am going to be speaking with a Human rights counsellor and see if there is any bias but I feel like I might just be wasting my time...

I was also told that if I did call in sick I would need to provide a doctor's note within 24 hours... I'm assuming that my employer has the right to ask for one right?
 

cbg

I'm a Northern Girl
In the US, yes, an employer has the right to ask for a doctor's note. I don't know about Canada, but off hand I don't know of any reason why not.

There can be reasons why one person is permitted fewer days out before they are spoken to about it. If the other person has been with the company longer, that's one legal reason. If their job duties are different, that's another. I don't know if Canada has any kind of nationally or provincially mandated and protected leave like we have for some situations in the US, but that would be a third, if his situation qualified for something like that.

At least in this country, unless you are being treated differently BECAUSE OF your race, religion, national origin, gender, disability, pregnancy or because you are over 40 (or a member of a group protected by your state law) it's legal.
 

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