Legal Question in Employment Law in Massachusetts

Sick

As my boss said last night, I've been sick for three weeks. However I havn't called out even ONCE since I got the job. I've worked ALL the shifts they've given me. Now he has suspended me until at least 6-7 days and also he says I must go to the doctor and get bloodwork done proving i dont have mono, tuberculosis, hiv, etc. And I have to give him the results before I am allowed to work again. Is this legal? Do I have a case or must I oblige to his demands?


Asked on 10/07/06, 11:02 am

1 Answer from Attorneys

Re: Sick

The number of sickdays you are entitled to is covered by your employment contract; absent a contract, you are an employee at will. If you have a legitimate illness, you may qualify for up to 12 weeks of leave under the Family Medical Leave Act (there are prerequisites concerning your employment and employer size). Whetehr your employer can demand proof that you do not suffer from certain diseases depends upon the job you hold. Generally, you cannot be discriminated against for any of the diseases you have listed, however, if those conditions would legitimately place your co-workers or the geenral public at risk, then it might be a different story. I recommend you sit down with a Labor Law Attorney and discuss the particulars of your situation.

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Answered on 10/07/06, 11:12 am


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