If I’m sick can my boss write me up?

UPDATED: Sep 30, 2022

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If I’m sick can my boss write me up?

I was sick on a Sunday and my boss told me to get a note. I went to my regular doctor on Monday morning and got a note for the next day as well. The next while I’m still on medical leave he decides to write me up. Also, I’m still sick and out for 4 more and he is deciding to write me up for every little mistake real and imagined. I live in North Carolina. Can he do that? Do I have any legal recourse? Also, all the files I created to do my job do I have rights to them? Can I delete them or can my job keep them?

Asked on February 2, 2017 under Employment Labor Law, North Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

1) Any files or other material you created for work belong to the employer; if you keep or destroy their property, they can potentially sue you or even press charges (such as for theft).
2) There is no general right to sick leave; you can only take time off for illness, medical treatment, etc. if you either use paid time off or PTO, like sick days, which you accrued; or if your company was covered by FMLA leave (at least 50 employees, located within a 75-mile radius), you were eligible for it (worked there at least a year; worked at least 1,250 hours in the last 12 months) and you were going to be out for at least 3 days and requested FMLA leave. If one of these applied, you could not be disciplined for using your earned benefits or legal rights. Otherwise, however, since you would not have had the right to be out, the employer could choose to write you up or discipline you.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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