Can my employer discipline me for using paid sick time?
Quick Answer
Your employer may not discipline you, including giving you an occurrence or other negative action, for properly using paid sick time.
Can my employer discipline me for using paid sick time?
Your employer may not discipline you, including giving you an occurrence or other negative action, for properly using paid sick time.
What types of discipline are prohibited?
Employers cannot take any adverse action against you for using your legally protected paid sick time. This includes:
- Giving you “points” or “occurrences” in an attendance policy
- Counting sick time as an absence in a “no-fault” attendance policy
- Giving negative performance reviews based on sick time usage
- Reducing your hours or shifts
- Demoting you
- Terminating your employment
- Creating a hostile work environment
- Any other form of retaliation for using sick time
What should I do if I’m disciplined for using sick time?
If your employer disciplines you for properly using your paid sick time, you should:
- Document the incident, including dates, times, and any communications
- Review your employer’s written policies on sick leave
- Consider filing a complaint with the appropriate state labor agency
- Consult with an employment attorney or workers’ rights organization
More
RSMO 290.609
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“It shall be unlawful for an employer or any other person to interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under sections 290.600 through 290.642.
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An employer shall not take retaliatory personnel action or discriminate against an employee or former employee because the individual has exercised rights protected under sections 290.600 through 290.642. Such rights include, but are not limited to, the right to request or use earned paid sick time pursuant to sections 290.600 through 290.642; the right to file a complaint or inform any person about any employer’s alleged violation of sections 290.600 through 290.642; the right to participate in any investigation, hearing, or proceeding or cooperate with or assist the department in any investigations of alleged violations of sections 290.600 through 290.642; and the right to inform any person of his or her potential rights under sections 290.600 through 290.642.
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It shall be unlawful for an employer’s absence control policy to count earned paid sick time taken under sections 290.600 through 290.642 as an absence that may lead to or result in discipline, discharge, demotion, suspension, or any other adverse action.”
Via revisor.mo.gov
Need more help with this issue?
How do I calculate the hourly rate to be paid for employees who earn multiple hourly rates?
Employers can either pay what the employee would have earned for the specific hours missed, or calculate a weighted average of all hourly rates from the last pay period.
How do I calculate the hourly rate to be paid for employees who receive piece rates / fees-for-service?
For employees paid by piece rate or fee-for-service, calculate a reasonable estimate of what they would have earned for the services they would have provided if present.