When you’re feeling under the weather, it’s essential to take time off to recover. But for many employees, calling in sick can be a stressful decision, especially when job security is a concern.
This article explores whether Target, one of the largest retail chains in the United States, can fire employees for calling in sick.
Contents
Understanding Target’s Sick Leave Policy
Target, like many large employers, has a comprehensive sick leave policy in place. The company provides its employees with paid sick leave, which can be used for personal illness, medical appointments, or caring for a sick family member.
It’s important to familiarize yourself with the specific details of this policy, which can vary by location and employment status (full-time, part-time, or seasonal).
The Legal Framework: FMLA and Local Laws
Family and Medical Leave Act (FMLA)
The Family and Medical Leave Act (FMLA) is a federal law that provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year for certain family and medical reasons.
Under FMLA, employees cannot be fired for taking leave due to their own serious health condition or to care for a family member with a serious health condition.
However, not all employees are eligible for FMLA protection. To qualify, you must have worked for your employer for at least 12 months and logged at least 1,250 hours of service during the 12-month period preceding the leave.
State and Local Sick Leave Laws
Many states and cities have their own sick leave laws that offer additional protections beyond FMLA. These laws can mandate paid sick leave, outline the accrual of sick time, and provide job protection for employees taking sick leave. It’s crucial to be aware of the specific sick leave laws in your state or city to understand your rights fully.
Target’s Attendance Policy
Target’s attendance policy is designed to ensure that the stores are adequately staffed and run smoothly.
However, frequent unexcused absences can lead to disciplinary action, including termination. It’s important to note the difference between unexcused absences and those covered under sick leave policies or FMLA.
Reporting Absences
To avoid potential disciplinary action, employees should follow the proper procedures for reporting their absence. This typically includes notifying your manager as soon as possible, preferably before your shift starts.
Documentation, such as a doctor’s note, may be required for extended absences or to verify the legitimacy of the sick leave.
Potential Consequences of Calling in Sick
When Sick Leave Is Covered
If you have accrued sick leave or your absence is covered under FMLA or state/local sick leave laws, Target cannot legally terminate your employment solely for calling in sick.
It’s essential to follow the correct procedures and provide any necessary documentation to ensure your leave is appropriately recorded.
When Absences Are Not Covered
However, if you have exhausted your sick leave, do not qualify for FMLA, or fail to follow the proper reporting procedures, your absences may be considered unexcused.
In such cases, repeated unexcused absences can lead to disciplinary action, including termination.
Protecting Your Employment
To protect your job while taking necessary sick leave, consider the following tips:
- Know Your Rights: Familiarize yourself with Target’s sick leave policy, FMLA, and any relevant state or local laws.
- Communicate Promptly: Notify your manager as soon as you know you’ll need to take sick leave. Provide updates if your situation changes.
- Provide Documentation: Submit any required documentation, such as a doctor’s note, to verify your need for sick leave.
- Keep Records: Maintain records of your communications with your employer and any documentation you provide.
Conclusion
While Target cannot legally fire you for calling in sick if you follow the proper procedures and your absence is covered under the company’s sick leave policy or relevant laws, it’s crucial to understand and adhere to these guidelines.
Knowing your rights and responsibilities can help you take the necessary time off to recover without jeopardizing your job