Threatend with the sack

[liam_mcnulty]

My partner has had 3 miscarriages over the past 2 years, her boss called her into the office to tell her that her attendance is not good enough over this period of time, she has only had 1 or 2 other days off over the 2 years apart from the times when she has lost the babies. She is now about to start treatment to find out why she keeps miscarrying, he has told her that if she has another day off she will be sacked, he has also said that if she wants to have the treatment then she has to use up all her holidays from next year. if she doesnt use her holidays for the times when she goes for treatment she will be sacked.

This surley can not be legal, every time she has been off she has informed her employer of the resaon for her asence and also handed in sick notes sighned by her doctor. Her employer also said when the brought an attendance scheme in that if an employee had a valiud reason for absence then it would be ok. He has said that having a miscarriage is not a valid reason

Can anybody give me some advice please

many thanks Liam Mcnulty

 

[cbg]

A doctor's note has no force in law outside of FMLA. Just because she brings in a doctor's note does not mean that the employer is obligated to provide her with excused time off.

That being said, what state is she in and how many employees does the employer have? It makes a difference to the answer to your question.

 

[liam_mcnulty]

she lives in lincolnshire england

the employer is a multi national company but in her place of work there are about 100 people

 

[cbg]

I'm sorry, this board is primarily dedicated to US law. The laws in England are very different and to my knowledge, no one here is familiar with the laws there.

She is free to discuss it with a solicitor.

 

[Michael Wechsler]

I'm sorry, this board is primarily dedicated to US law. The laws in England are very different and to my knowledge, no one here is familiar with the laws there.

She is free to discuss it with a solicitor.

Good points. A barrister would have more knowledge in this area and even if there is any relation to US in many areas it would not apply in this one. This one is very difficult to discuss because this isn't a case of maternity leave either. It's not only law and jurisdiction specific but also very heavily fact specific. She needs a local barrister and wish her the best of luck.