'Basically half the calendar is 'you can't be sick'': Boss at preschool tries to punish employee for using state-protected sick leave

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  • A preschool teacher helps a young child.
  • My boss is trying to punish me for using legally protected sick leave.

    I work at a preschool in Washington State, where paid sick leave is legally protected. My employer has a "blackout days" policy where they say staff can't call out sick on certain days unless they bring a doctors note proving the reason they called out is due to a contagious illness. If that "policy" sounds illegal, you are so right!
  • The other problem? They've been abusing it anyway! 5 out of the last 6 weeks were "blackout" weeks, and this week plus the next 3 weeks are also blackout. Basically half the calendar is "you can't be sick."
  • On Monday, I used ONE day of accrued sick leave. HR emailed me saying it was "unexcused" and demanded a doctor's note. As I mentioned, that's an ILLEGAL POLICY! Washongton staye law only allows documentation requests after 3+ consecutive days. When I pushed back and cited the law, they made it personal:
  • First It's an "unexcused absence" So I told them my absence is BY LAW excused Then all of a sudden: "We have concerns about your attendance." and "You have a documented history of misuse." (I don't, I've never had a warning.) They dragged up absences from last winter when I was so sick I had
  • shaking fevers. I went to the doctor, provided a note, and my director literally told me it was justified. Now they're trying to retroactively reclassify those days as "misuse" to justify punishing me because it was when I first started and didnt have any PTO saved up!
  • Now siddenly its an issue and they say my annual review will reflect my "excessive absences". That's classic retaliation, plain and simple. Other coworkers who've stood up to this policy have had their vacation time taken away or been put on PIPs. It's a clear pattern of intimidation
  • At this point, I've gone full malicious compliance. You want a doctors note? fine! My doctor was so p ed on my behalf she literally wrote HIPAA protections into my note and said I would need multiple intermittent days off and might even be late to work or have to leave early a few times and no they can't ask why.
  • I'm not playing their (ILLEGAL) games. Im documenting everything, filing with Labor & Industries, and then Im taking it to the board. I'm just so angry and hurt. I've been accused of lying and cheating and abusing leave when all I did was get sick in a god damned preschool!
  • This "blackout" policy is bulls and ab ive and exploitative and the worst part is it's still one of the best preschools I've ever worked at. I'm so tired.
  • Commenters agreed that this was out of bounds.

    throwtome723 · 3h ago Do yourself a favor and contact an employee rights attorney. Document everything and do not tell anyone you're speaking to a lawyer.
  • A preschool teacher helps a young child put on a jacket.
  • girlnamedtom • 2h ago Sounds like you've got this in writing (email). Contact L&I. They will help you.
  • SapphireSire • 3h ago Hope you and al your coworkers form a union and those who are trying to make your life harder are subject to their own bs.
  • finns-momm • 2h ago This is bs, I'm so sorry you are dealing with this. You are doing everything right and special kudos to your doc, who kicks Your employer is definitely retaliating and trying to intimidate you. But it sounds like they have NO IDEA who they are dealing with. Best of luck to you!
  • melodypowers • 2h ago That's insane. Look, it's always difficult with childcare. They operate on a slim margin and having coverage when a teacher is out can be a problem.
  • My kids went to a very good. daycare, but one year during a bad flu season, they had to shut down because so many teachers were out. We were all unhappy (the director, the teachers and the families) but what are you gonna do? But you know what doesn't solve this? Alienating teachers like you.
  • D_Mom ⚫2h ago Start looking for a new position as well as doing that consultation with a lawyer. Because once the target is on you, it's going to continue.
  • broken_mononoke • 1h ago God I used to work with kids and I was sick every other month. It's ridiculous to expect people to not take time off when you work with children. They're so germy! I used to think I had a terrible immune system but
  • then I stopped working with kids and now I get sick like twice a year (which is pretty average I think). I'm sorry OP. If anything I hope you can. work somewhere more reasonable, but I also hope you can stick it to these ahles on behalf of childcare workers everywhere!
  • PlanetValmar • 1h ago . "We've noticed that almost half of your sick days were taken on a Monday or Friday. This is classified as misuse and there will be repercussions."
  • Effective_Will_1801 1h ago . our blackout days only apply to things like holidayif you are sick you are sick. I've never heard of scheduling your sick days. I'll just tell my body when to be ill then? ¡!
  • Ginger_Libra · 51m ago • You don't seem to be responding to the posts telling you that most employment attorneys work on contingency. They don't make money until the case. gets paid. Washington is a very good state to be in.
  • Start keeping copies of all those emails since they are dumb enough to put it in writing. If they monitor external email, save them as PDFs and download to a thumb drive. Otherwise, forward them to your personal account. Or do both.
  • You've got to think strategically here. Also, call the state DOL and ask how to proceed. They can be an excellent resource.
  • gijimayu 1h ago . If your review is gonna be bad no matter what you do, why do a great job?

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