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  #101 (permalink)  
Old Jun 19, 08
no clouds in my stones
 
Join Date: May 2001
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Quote:
Originally Posted by Erin View Post
I agree with you. :) People are given a cretian amount of 'sick days' at my work. Once they are used you don't get paid for your personal days - that's how it works here. If someone had a kid and got more paid sick leave then me I would be pissed. Hence - I don't agree with certian people getting 'special' different rules then others no matter what the situation is.

If Val is at a job that gives special treatment to certian people then she should leave the job - there are better employers out there.
She never said she expected pay for the time she took off to care for her child. In fact, she said she had used up her sick days and knew her time off would be unpaid.

FYI - in legal terms, if you use up all of your paid sick days for the year, you are absolutely still entitled to whatever sick time you need, though it will be unpaid. The law states that an employer cannot require a doctor's note unless three consecutive scheduled shifts have been missed - this cannot include "on-call" shifts as they are not legally recognized as scheduled shifts. Should an employee miss three or more consecutive days, the employer can request a doctor's note. And should the employee's doctor state that the employee require more time off, the employer must honor this. There can be huge legal consequences if they do not.
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  #102 (permalink)  
Old Jun 19, 08
no clouds in my stones
 
Join Date: May 2001
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Quote:
Originally Posted by Avana View Post
if the person has taken the pre-requisite amount of time the employer is legally supposed to give, is the employer not allowed to be upset?

sounds like in this case, this time has already been given.
See post above this one.
The employer is only legally responsbile for paid sick time if it is in the employee's contract. If the employee requires sick time above and beyond the paid sick days, the employee must take those days as unpaid. Bonafide sick days are an employee's legal right; an employer has no legal grounds to come down on an employee for taking sick days unless they are 3+ consecutive and not verified by a doctor.
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  #103 (permalink)  
Old Jun 19, 08
Erin's Avatar
ToBeARockAndNotToRoll
 
Join Date: Mar 2003
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^ I def agree with you on most of what you said. By the sounds of it she is working for a shitty company. Sounds like others in the company are getting the special treatment. However, I do believe in everyone being treated equal. That's just my opinion.

(Obviously the handicapped, the elderly etc wouldn't be in the same group the type of people I have been refering to - I'm sure you can see that.)

*Edit: For Natalies post on the page before this. Sorry guys, I'm trying to work while I do this!! :)

Last edited by Erin; Jun 19, 08 at 01:33 PM.
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  #104 (permalink)  
Old Jun 19, 08
Avana
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Quote:
Originally Posted by galaxie View Post
See post above this one.
The employer is only legally responsbile for paid sick time if it is in the employee's contract. If the employee requires sick time above and beyond the paid sick days, the employee must take those days as unpaid. Bonafide sick days are an employee's legal right; an employer has no legal grounds to come down on an employee for taking sick days unless they are 3+ consecutive and not verified by a doctor.
you are arguing semantics. this was personal time, not sick time. sick time is reserved for the employee, not relatives that the employee needs to care for.
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  #105 (permalink)  
Old Jun 19, 08
Avana
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i am also one of those people that hate kids in the grocery store. :D
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  #106 (permalink)  
Old Jun 19, 08
no clouds in my stones
 
Join Date: May 2001
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Quote:
Originally Posted by Erin View Post
(Obviously the handicapped, the elderly etc wouldn't be in the same group the type of people I have been refering to - I'm sure you can see that.)
So a young, sick child shouldn't be regarded as needing care the same way as say, a sick, elderly person, or a handicapped person who is unable to care for him/herself?

Having to miss a day of work to care for a sick child is a circumstance that only employees who are parents will face. Why should they be treated the same as those without children?

I have a dog. Once when she was a puppy, I took two days off work because she was so sick that the vet told me she couldn't be left alone. My puppy, my responsibility. Had she been left alone, she could have died. Leave a sick toddler alone, she could easily choke on her own puke and die. See where I'm going with this? There are some situations that are just beyond your control, and employers need to be understanding of that. EVERYONE will have circumstances in their lives where they will need their employer to be compassionate and understanding. We shouldn't be defending an employer for disregarding Val's responsibilty to care for her sick child. That's just wrong.
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  #107 (permalink)  
Old Jun 19, 08
Erin's Avatar
ToBeARockAndNotToRoll
 
Join Date: Mar 2003
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Quote:
Originally Posted by galaxie View Post

FYI - in legal terms, if you use up all of your paid sick days for the year, you are absolutely still entitled to whatever sick time you need, though it will be unpaid. The law states that an employer cannot require a doctor's note unless three consecutive scheduled shifts have been missed - this cannot include "on-call" shifts as they are not legally recognized as scheduled shifts. Should an employee miss three or more consecutive days, the employer can request a doctor's note. And should the employee's doctor state that the employee require more time off, the employer must honor this. There can be huge legal consequences if they do not.
Just so I know... What if I have paid sick days left and I call in sick for 1 of those days - does my employer have the right to require a doc's note for that one day? If they don't get a docs note, do they have the right to deny me the sick pay? Also, is my employer required to give me sick pay on top of my vacation pay? Could they take the sick days away form us?

Last edited by Erin; Jun 19, 08 at 01:43 PM.
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  #108 (permalink)  
Old Jun 19, 08
no clouds in my stones
 
Join Date: May 2001
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Quote:
Originally Posted by Avana View Post
you are arguing semantics. this was personal time, not sick time. sick time is reserved for the employee, not relatives that the employee needs to care for.
Actually, if you have a dependent child under the age of 12, the law states that employees are permitted to take sick time to care for their children. This is because it is illegal to leave a child under the age of 12 without supervision.
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  #109 (permalink)  
Old Jun 19, 08
Erin's Avatar
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Join Date: Mar 2003
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Quote:
Originally Posted by galaxie View Post
So a young, sick child shouldn't be regarded as needing care the same way as say, a sick, elderly person, or a handicapped person who is unable to care for him/herself?

Having to miss a day of work to care for a sick child is a circumstance that only employees who are parents will face. Why should they be treated the same as those without children?
What? I was simply answering your statement that was asking about the elderly, handicapped etc...

Quote:
Originally Posted by galaxie View Post
I have a dog. Once when she was a puppy, I took two days off work because she was so sick that the vet told me she couldn't be left alone. My puppy, my responsibility. Had she been left alone, she could have died. Leave a sick toddler alone, she could easily choke on her own puke and die. See where I'm going with this? There are some situations that are just beyond your control, and employers need to be understanding of that. EVERYONE will have circumstances in their lives where they will need their employer to be compassionate and understanding. We shouldn't be defending an employer for disregarding Val's responsibilty to care for her sick child. That's just wrong.
Great. You used a sick doy for your dog. I took a day off once for my cat. I had sick days - it was early in the year and he needed me to be home with him. But, remember when Val already said that she used up all her sick days? That's kinda the point of what Avana and I are saying.
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  #110 (permalink)  
Old Jun 19, 08
no clouds in my stones
 
Join Date: May 2001
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Quote:
Originally Posted by Erin View Post
Just so I know... Whay if I have paid sick days left and I call in sick for 1 of those days - does my employer have the right to require a doc's note for that one day? If they don't get a docs note, do they have the right to deny me the sick pay? Also, is my employer required to give me sick pay on top of my vacation pay? Could they take the sick days away form us?
No, they cannot require a doctor's note for one sick day. You must miss three consecutive shifts. So, if you were scheduled for sun/wed/friday, you would have to miss all three days before they are legally allowed to request a doctor's note. They do not have the right to refuse you sick pay unless you miss three consecutive shifts and refuse to submit a doctor's note.

Employers are not required to give any sick pay unless it is stated in your contract or union contract. Employers also may not force an employee to use vacation pay for a sick day. Your employer can take the sick days away from you only if they officially amend your contract. Most employers do not allow employees to carry sick days from year to year, so usually you have a set amount for one year and if you haven't used them at the end, they disappear.

Man, I am so going into labor law :P
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  #111 (permalink)  
Old Jun 19, 08
taco.
 
Join Date: Aug 2003
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didn't anyone read my link..

family responsibility leave is unpaid.. and no company is legally obligated to give you any sick days.
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  #112 (permalink)  
Old Jun 19, 08
Erin's Avatar
ToBeARockAndNotToRoll
 
Join Date: Mar 2003
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Quote:
Originally Posted by galaxie View Post
No, they cannot require a doctor's note for one sick day. You must miss three consecutive shifts. So, if you were scheduled for sun/wed/friday, you would have to miss all three days before they are legally allowed to request a doctor's note. They do not have the right to refuse you sick pay unless you miss three consecutive shifts and refuse to submit a doctor's note.

Employers are not required to give any sick pay unless it is stated in your contract or union contract. Employers also may not force an employee to use vacation pay for a sick day. Your employer can take the sick days away from you only if they officially amend your contract. Most employers do not allow employees to carry sick days from year to year, so usually you have a set amount for one year and if you haven't used them at the end, they disappear.

Man, I am so going into labor law :P
You rule.
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  #113 (permalink)  
Old Jun 19, 08
no clouds in my stones
 
Join Date: May 2001
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Quote:
Originally Posted by Erin View Post
Great. You used a sick doy for your dog. I took a day off once for my cat. I had sick days - it was early in the year and he needed me to be home with him. But, remember when Val already said that she used up all her sick days? That's kinda the point of what Avana and I are saying.
Right. But she is not asking to be paid for these days. And it IS her legal right to miss work to care for a sick, dependent child. It's not her right to be paid for it, though, but she wasn't asking for that.

Also, when I had to stay home with my puppy I had already used my 5 sick days for the year because I had a viral lung infection a few months before. I took unpaid days.

IMO, the bottom line in this thread is: SHIT HAPPENS IN LIFE. PEOPLE NEED TO BE UNDERSTANDING.

It's one thing if she's missing two days a week because her kid is constantly sick. But if it's not significantly impacting her performance and ability to do her job, her boss is in the wrong.
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  #114 (permalink)  
Old Jun 19, 08
no clouds in my stones
 
Join Date: May 2001
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Quote:
Originally Posted by Carrie View Post
didn't anyone read my link..

family responsibility leave is unpaid.. and no company is legally obligated to give you any sick days.
Obviously they didn't read your link or no one would still be arguing about this. That's why I spelled it out for them.
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  #115 (permalink)  
Old Jun 19, 08
taco.
 
Join Date: Aug 2003
Carrie is just really niceCarrie is just really niceCarrie is just really niceCarrie is just really niceCarrie is just really niceCarrie is just really niceCarrie is just really nice
no wonder people get walked on.. they don't know their rights and don't care to fight for them
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  #116 (permalink)  
Old Jun 19, 08
kickitliketae-bo
 
Join Date: Oct 2002
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Quote:
Originally Posted by Avana View Post
you are an insufferable idiot.

you should take the very large hint your employer is giving you. clearly this isnt about your personal time with your daughter. there is clearly another motive driving the reaction. you should refer back to what fritz said cause he nailed it....

maybe you should refer back to what i said to what fritz said and then refer back to you being omnipotent and to get the fuck over yourself.

Avana basically needs her own thread to talk about Avana and how magnificent Avana is.
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  #117 (permalink)  
Old Jun 19, 08
Avana
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Quote:
Originally Posted by galaxie View Post
Obviously they didn't read your link or no one would still be arguing about this. That's why I spelled it out for them.
nat - you didnt need to spell anything out for me. i am aware of the labour laws. and while an employer is legally bound to give sick days, if chronic absenteeism is an issue, then they do have the right to terminate.
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  #118 (permalink)  
Old Jun 19, 08
no clouds in my stones
 
Join Date: May 2001
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Quote:
Originally Posted by Carrie View Post
no wonder people get walked on.. they don't know their rights and don't care to fight for them
It's not that they don't care, it's mostly that they don't know.
The only reason I know all this stuff is because I took it upon myself to learn all the laws when I became a manager. I knew that I had been treated badly and unfairly in the past, and I did not want to be that type of boss. So, I read up on my employees rights and the laws that businesses are *supposed* to follow.

I've worked for a 100+ store, multi-million dollar company that didn't even have a health & safety policy, even though one is required by every single province they operated in! Let me tell you, I was shocked and appalled and threatened HO with reporting the situation if they didn't immediately fix it. So, within 4 weeks H&S was up and running in every single store. But if someone hadn't called them out on it, they would have just kept putting it on the back burner. It's really sad what companies tend to get away with.
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  #119 (permalink)  
Old Jun 19, 08
kickitliketae-bo
 
Join Date: Oct 2002
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Quote:
Originally Posted by galaxie View Post
Right. But she is not asking to be paid for these days. And it IS her legal right to miss work to care for a sick, dependent child. It's not her right to be paid for it, though, but she wasn't asking for that.

Also, when I had to stay home with my puppy I had already used my 5 sick days for the year because I had a viral lung infection a few months before. I took unpaid days.

IMO, the bottom line in this thread is: SHIT HAPPENS IN LIFE. PEOPLE NEED TO BE UNDERSTANDING.

It's one thing if she's missing two days a week because her kid is constantly sick. But if it's not significantly impacting her performance and ability to do her job, her boss is in the wrong.

thats what Ive been saying all along but Avanas head is too fucking big and she basically just needs to talk about how awesome she is.
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  #120 (permalink)  
Old Jun 19, 08
no clouds in my stones
 
Join Date: May 2001
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Quote:
Originally Posted by Avana View Post
nat - you didnt need to spell anything out for me. i am aware of the labour laws. and while an employer is legally bound to give sick days, if chronic absenteeism is an issue, then they do have the right to terminate.
This can be easily grieved with the labor relations board (union) or employment standards (non-union). Cases regarding wrongful termination are most often won by the employee. It's almost always in the employer's best interest to offer the employee a leave of absence if there is an issue that is impacting their attendance on such a high level.

Not to stir up more trouble, but if you know the laws so well, why are you arguing that she shouldn't have stayed home with her sick child when the law states that she is allowed to?
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  #121 (permalink)  
Old Jun 19, 08
Big Deal Lucille
 
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Originally Posted by Erin View Post
Huh?! Slagging parents?? All I'm saying is everyone should be treated equal. Kids or no kids - everyone should have the same rules. :)
ok, i misunderstood what you said.
perhaps it was worded wrong because it came across to me that parents shouldn't be allowed to miss days if their child really needs them.
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  #122 (permalink)  
Old Jun 19, 08
tiestn vancorstenfold
 
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  #123 (permalink)  
Old Jun 19, 08
kickitliketae-bo
 
Join Date: Oct 2002
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^because Avana hates me thats why.

she frequently cuts off her nose to spite her face. kinda funny.
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  #124 (permalink)  
Old Jun 19, 08
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  #125 (permalink)  
Old Jun 19, 08
kickitliketae-bo
 
Join Date: Oct 2002
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^ it must have been all those years of training to be a cuntorist in douchebagistan.
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