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How badly do you need the job? Restaurants function on scheduled people showing up, unfortunately. They can ask you to bring a note from your doctor but cannot obtain medical records without a legal reason. Are you in the US, and have you had your H1N1 shot yet?

They have a right to demand documentation of medical diagnosis and treatment. They do not have a right to ask for any medical records outside of this specific illness. If you feel THAT bad, call your boss and state that you are incapable of performing your job duties due to illness, that you are headed to an urgent care immediately, and that you will provide documentation upon your return to work. If you will be out for several days, be sure to call and officially inform your boss each and every day. Also, make sure your medical documentation states that you are not to work for that same amount of time.

If you go to urgent care, and can’t get a document stating that you are not to work until x date. You better get your butt into work immediately with the documentation you have. And I mean immediately, not the next day, but same-day. Also, if you do get a document that says ‘no work until x date’ make sure you return on x date, not after.

If you have been employed less than 3-months, they might still fire you. That’s the way it goes I’m afraid. If you’ve been there over 3-months and have not had a history of attendance issues, you should be fine, and could potentially pursue a lawsuit if they fire you. Now, if you’ve been there longer than 3-months, but have been docuemented by your boss as coming in to work late occasionally (even by 2-5 minutes) or calling out occasionally… they can fire you without any other reasons given.

ahh! that’s crazy! why would they want you to spread your illness! and you need to get better!

They cant ask for medical records.Do you work handling unpacked food? Might be some sort of hygiene issue there.
You know that like with diarrhoea you need a 3 day clearance note,most companies need people that bad they forgo it…………….

In the US our government has issued warnings that if we are sick to stay home. Has yours?

True true, but in a court, you saying “I was sick” is meaningless, even the testimony of others who see that you are indeed sick wont matter one bit. They can fire you for no other reason than that you called out without providing medical documentation of your illness.

Some employers are more lenient and will allow you to do so, but if they are saying that they are not lenient, and that they will not allow you to do so… go to an Urgent Care, get checked out, and provide the documentation to your employer… or, go to work.

I know where you are coming from, i rang in one night, said can’t come in i have a migraine, when i see light, i have to close my eyes. i was told it was not good enough, and my disciplinary level was appalling. (it was the first time i had rung in sick in 3 years of being there) They will be desperate for people, and it will be forgotten about when you get there.

You call in sick and you sign a self cert for sickness…. you can’t get a doctor’s note until you have been sick for five days anyway. They do not have the right to see any medical records… and they can not sack you for being on the sick…. a big company like Somerfield wouldn’t risk an unfair dismissal but your store manager might make things uncomfortable for you on your return.

Many employers are jerks, and it will bite them in the rear eventually. But, until then… you either play by their rules, or quit.

But make sure you are sick…. they have the right to check…. e.g phone you at home and expect an answer…if you are found to be faking it… or make a miracle recovery so that you are out partying tonight/tomorrow night then they can sack you… it would be up to you to prove you were sick… and you can’t if you say you have flu and then are out partying.

SICKNESS ABSENCE

Where an employee’s level of sickness absence may eventually require the employer to consider the possibility of dismissal, if that dismissal is to be judged as fair the employer must be able to show that:

* the employer was adequately informed about the employee’s illness; and
* the decision to dismiss the employee was reasonable in light of that information.

Consultation and Discussion - With the Employee

Consultation and discussion should first be undertaken directly with the employee. The employer should seek to find out from the employee the true nature of the illness(es). Such consultation should not at this stage be deemed or referred to as a disciplinary procedure or a “warning” about the employee’s levels of absence. Such phrases are linked to misconduct, and are not appropriate where it is actually an employee’s capability to carry out his or her job due to ill health absence, which is actually in issue. The emphasis at this stage must be, at least ostensibly, on “sympathy, understanding and compassion”.

There is no set procedure for such consultation, the emphasis being on the employer taking such steps as are necessary according to the individual circumstances of the case to gather information upon the true medical position. Full records of the absenteeism should be kept and these should be drawn to the employee’s attention.

Consultation and Discussion - After Medical Advice

Following on from consultation with the employee the employer should consult a doctor about the nature of the employee’s illness. This may be with the employee’s own doctor and/or with an independent doctor appointed by the employer. The employee’s consent to such an examination will be required and the employer cannot insist on the examination. However, if the employee refuses to agree to a request to be medically examined the employer will have to act on the basis of the facts which are available. In such cases an Employment Tribunal would take account of the refusal and the dismissal may be fair even if, had medical opinion been available, it would have been unfair.

The employer has a duty to consider what reasonable measures may be introduced to alleviate such working conditions which may be contributing to or exacerbating the illness (e.g. stress). Such considerations should include the possibility of offering the employee alternative employment should such a position be available. If there is no underlying illness and no real problem with work, and the absenteeism is at a level to justify it, a warning must inevitably be considered as the next step.

Dismissal

Once information on the medical condition has been gathered by consultation with the employee and a doctor it may become necessary for the employer to consider dismissal if the employee’s attendance record has failed to improve. The factors to be weighed up on considering whether such a dismissal is fair or reasonable will include:

* the duration of the illness (whether temporary or permanent)
* the likelihood of recurrence on a regular basis (the disruptive effect)
* the length of the various absences and the space of good health between them
* the employer’s need for the work done (finding replacements)
* the length of the employee’s employment (including any previous good record)
* the impact of the absences on others who work with the employee (overtime)
* the extent to which the difficulty of the situation and the position of the employer has been made clear so that the employee realises that the point of no return is approaching

Records

Consideration of the factors (and the gathering of evidence in respect of the same) referred to above should start from the outset and full records should be kept. Clearly, of fundamental importance are the terms of the employee’s contract which may provide for termination after certain levels of absenteeism. Also details of the number of days taken off through illness and their regularity should have been made clear to the employee.

The Disability Discrimination Act 1995

When carrying out the above procedure in cases of sickness absence an employer should consider whether the illness constitutes a disability within the meaning of the Disability Discrimination Act 1995. This Act has implemented significant new rights for disabled people to prevent discrimination. See separate section on Discrimination.

Discrimination occurs when a disabled person is treated less favourably than other people for a reason related to his or her disability, and this treatment cannot be justified. Discrimination also occurs if an employer fails to make reasonable adjustments to ensure that employment arrangements or premises do not put a disabled person at a disadvantage in comparison to a non-disabled person and the failure cannot be justified.

If you’ve been there less than 3-months you don’t have the same legal protections as other employees. Less than 3-months is a de facto probation period (even if they don’t call it such). Employers don’t have any obligation to give you any sick time before 3-months. And in many cases, aren’t required to give you any sick time past 3-months either (barring specific legally covered concerns that most definitely do not cover the flu).

somerfield wrote:
theres no such thing as sick

what they may be frefering to is you dont get sick pay…

if yoiu dont work you dont get payed…..

but if you are off for a while then you would get statory sick pay…

Start eating vegan and raw… you will never be ill again… and you will be so strong that you can build your own enterprise - you will treat all your employeers humanly: GIFT ECONOMY is a solution for all of us !

Who can get Statutory Sick Pay

If you’re working for an employer under a contract of service (even if you’ve only just started), you’re entitled to Statutory Sick Pay (SSP) if the following apply:

* you’re sick for at least four days in a row (including weekends and bank holidays and days that you do not normally work)
* you’re earning at least £95 a week

If you have more than one job, you may get SSP from each employer.

Please read ‘SSP - eligibility and what days you will be paid for’ for more information.

since you are working in the UK please read this for a lot more info…

http://www.direct.gov.uk/en/MoneyTaxA…

if you are ill you are ill …. you have a legal right to claim for sickness pay going by the law…. you would need to also refer to your contract of employment for more info…..

everyone gets sick….

and it is right to stay home if you feel terrible, for rest can speed up your recovery….

I worked for some maniac who didn’t believe in illness once, I just made sure I always covered myself with a medical certificate - sometimes I paid for private certificates. Seemed to me they couldn’t really do much about that, what with them not being medically qualified and all.

More importantly, I got the hell out of there soon as I could because I couldn’t bear to work for people who wouldn’t rather wish you a speedy recovery and wish you back because you’re good at what you do and otherwise reliable.

Speak to Somerfield HR to determine what their policy on sickness and absence is because quite honestly your boss may feel like it but they aint the law and probably this is about their attitude rather than your obligations.

Jebus, you all are pretty covered there in the UK, automatic contract of employment? That’s excellent!

In the US you are an ‘at will’ employee. Meaning that the employer or the employee can end the employment basically at any time for any reason so long as they can provide that the reason was not wrongful or discriminatory. And there’s none of this contract of employment or required sick leave stuff either.

The problem is your “manager” is too insecure to handle personnel problems and so acts like a bully to push the problems back on the personnel. Don’t waste time trying to figure out who is right and who is wrong. The manager is acting out of fear.

Why do some people get off and you don’t? Because they stand up to the bully and you do not. The bully has no recourse if there is a shortage of workers. If you have to cover for others, obviously that shortage exists.

How do you handle this gracefully if you don’t just want to stand up to the bully? Arrange for someone else to cover your shift.

You can trap yourself into trying to figure out right or wrong or you can make this situation work… by confronting the bully and providing assistance with getting someone to cover.

Don’t make the mistake of thinking that you’ll get the right answer and that will magically make things work out.

People act because of their fears and desires, not because of rules of right and wrong.

Are you the really cute girl who works on checkout in the Somerfield around the corner from where I used to live? And and get well soon :)

xxangel027xx wrote:
wheres that lol im in great wryley one lol and thanks :) ill try

Ah no it’s not that one. Nevermind. She always used to wear an alice band and had the prettiest smile. Nothing on your though, even with the sneezing hehe :P

xxangel027xx wrote:
lols i always joke and smile constantly even like the way i am now lol

Well I’ve kinda got into a bad habit of dancing at work. If you can actually all it dancing. I just kinda move my feet and wobble around haha. At least I haven’t started singing along to the music (yet).

fractal.scatter wrote:

xxangel027xx wrote:
wheres that lol im in great wryley one lol and thanks :) ill try

Ah no it’s not that one. Nevermind. She always used to wear an alice band and had the prettiest smile. Nothing on your though, even with the sneezing hehe :P

Why don’t you go see this girl with some hot soup? You can also give her boss a piece of your mind. That one-two combo will have sparks flying.

xxangel027xx wrote:
lol im not strong enough to give my boss a piece of my mind let alone someone elses lol

Yeah bosses are scary, even if I was trying to be chivalrous and stick up for the pretty girl.

fractal.scatter wrote:

xxangel027xx wrote:
lol im not strong enough to give my boss a piece of my mind let alone someone elses lol

Yeah bosses are scary, even if I was trying to be chivalrous and stick up for the pretty girl.

That what makes you a hero, acting in the face of fear. So what are you waiting for?

linuxya wrote:

fractal.scatter wrote:

xxangel027xx wrote:
lol im not strong enough to give my boss a piece of my mind let alone someone elses lol

Yeah bosses are scary, even if I was trying to be chivalrous and stick up for the pretty girl.

That what makes you a hero, acting in the face of fear. So what are you waiting for?

Haha okay.

Go and see a Doctor take the medical certificate with you and shove this in to employers Face.. then have the days of what the doctor prescribed..