Is this legal in ohio?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is this legal in ohio?
I was told at my work location that because I have missed too many days of work mainly because of doctor’s appointments, that I could not become a full-time team leader in the office even though I am fully trained plus more for the work. Right now I am a couple hours in the office and the rest of the day I’m out on a plant floor.
Asked on March 18, 2019 under Employment Labor Law, Ohio
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
If you used sick time you earned for the appointments, or FMLA leave which you are qualified for, they cannot penalize you for these things: you can't be penalized for using a benefit (sick leave) you worked for an earned or for using legally protected leave. If you were penalized for using these things, contact the state department of labor and/or speak with an employment attorney about possibly bringing a case.
If you were allowed to miss time or call out sick without using sick days or FMLA leave, however, then they could factor your attendence and availability into whether to promote you, the same as they could if you missed time at work to take your child to school events or activities or for any other reason.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.