Legal Question in Discrimination Law in Washington

Sick leave use held against employee

I and others (dozens) denied competition to promote to supervision because of new implementation by County government management of a sick leave usage criterion. Any day of legitimate sick leave used over 8 per year is counted as a point against going forward in the competitive process. How can my legitimate illness or injury be held against me as regards promotion when in every other way I am qualified? Also discriminatory is that employees with ill family members that require their care are penalized for that sick leave use when employees without relatives needing care aren't.

Not only discriminatory for these two reasons, but also it's bad policy because it entices employees to lie about being sick and driving a public transit bus while too sick to be safe. It ought to be prohibited but I can't find any statue regulating this. Can you help with info? Thanks.


Asked on 3/22/08, 7:26 pm

1 Answer from Attorneys

Merry Kogut Key Peninsula Law

Re: Sick leave use held against employee

Sounds illegal to me - contrary to the ADA and FMLA. What county is it?

Merry Kogut

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Answered on 3/22/08, 10:58 pm


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