[teela10105]

I have a question and Im not sure what it is that I need to do. I have sickle Cell Anemia that requires me to get blood transfusion on a monthly basis. I have worked for my company for 2 and a half months. Yesterday I was off work because I needed to go in to the hospital for my transfusion. I usually takes a few hours and Im allowed to go home the seem day. Unfortunately, I had a seizure yesterday why going through the procedure. When I came through and was able to talk, I contacted my job about the situation. I told them I will have to remain in the hospital over night because the doctors didn't know what caused the seizures. I got an excuse from my doctor saying that IM not aloud to return to work until 06/22/2012. I called work again letting them know what the situation is, but they are refusing the letter from the doctor, and I don't know if I have any kind of rights to protect my job so that I don't loose it. I might have to go in tomorrow against doctor's advice to avoid losing my job. Please does anyone have an idea about what I can and can't do in this situation? This job is my lively hood. I work for Macy's in Utah. Please contact me asap.

[JudyKayTee]

Is there an employee handbook?

[Alty]

Was your employer aware of your medical needs when they hired you?

Fact is, they don't need a reason to fire you. If you can't work, miss too much work, or they just don't need you anymore, they can let you go.

I really wouldn't advise you going to work against doctors orders, because it could jeopardize your health, but, you can't expect your employer to keep someone on staff that can't do the job they hired you to do.

Look at it from their perspective. They hired you to do a job. It's retail. Retail isn't easy, and it's not 9-5 Mon-Fri. If they can't rely on you to be there when you're booked to work, there are plenty of people looking for a job that will be there when they're booked. To you it's just a missed day, for them it's short staffing a business that needs its employees to show up when they're booked.

[joypulv]

Key questions for you:
Does your employer have written policy (like a handbook) that defines sick leave?
Did your employer know about your condition when you were hired?
Many people think that a doctor's orders are all that is needed to take time off from work, but that just isn't so unless you were hired as a disabled person or unless your needs were clearly known when you were hired (even then, additional problems like the seizures can change the situation).
Obviously your health comes first and Macy's can even refuse to let you come back early if they feel that you are a hazard around the workfloor, such as being weak and dizzy. So, yes, you may lose your job, sorry.

[JudyKayTee]

Right, I looked at the law - you can be fired at will. That means they can fire you for any or no reason with very few exceptions. Illness is not one of them. F.A.Q. Discrimination in Employment - Utah Labor Commission

Did they give you a very specific reason - they need you on the sale floor, you take too much time off, anything?