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You Can’t Be Fired For Being Sick

Rutgers management have finally agreed, officially, that workers who have sick time accrued can use that time if they are sick or injured.  

At a Labor Management Conference in October, One Source/UHR reps conceded that this was an “error.” It’s up to all of us who use medical leave to be sure this “error” stays corrected.

This should not be news, but over the years, URA members have been wrongly told that if we exceeded our FMLA job protection, we were at risk of losing our jobs. This has even happened to some workers who had a hundred or more days of sick time on the books.

If you have sick time accrued, you have the right to use it. You cannot lose your job, or be disciplined for using your sick time. 

What you must do is document your medical provider’s assessment that you are not ready to come back to work. It may happen that you are not able to return to work but you are having trouble getting that assessment in writing from your doctor. A specialist may be very busy, or you may have a sudden setback. If so: reach out to OneSource and to your department IN WRITING, or have a family member reach out. Contact your union rep to build the record that you are doing your best to provide a new return-to-work date.

This is NOT a matter for the ADA accommodation process. Do not request an ADA accommodation to use your sick time. 

Union reps are also continuing the conversation with management about how medical leave is managed once paid time off is used up. If you have concerns or examples of how your case was managed by One Source/HR, please contact union@ura-aft.org