Is this legal in ohio?

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Is this legal in ohio?

I was told at my work location that because I have missed too many days of work mainly because of doctor’s appointments, that I could not become a full-time team leader in the office even though I am fully trained plus more for the work. Right now I am a couple hours in the office and the rest of the day I’m out on a plant floor.

Asked on March 18, 2019 under Employment Labor Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

If you used sick time you earned for the appointments, or FMLA leave which you are qualified for, they cannot penalize you for these things: you can't be penalized for using a benefit (sick leave) you worked for an earned or for using legally protected leave. If you were penalized for using these things, contact the state department of labor and/or speak with an employment attorney about possibly bringing a case.
If you were allowed to miss time or call out sick without using sick days or FMLA leave, however, then they could factor your attendence and availability into whether to promote you, the same as they could if you missed time at work to take your child to school events or activities or for any other reason.


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