Can you be demoted because of health condition?

[Anonymous]

I was promoted a year ago to a relatively fast paced, high pressure job. Due to staffing shortages the hours are long. I never complain about it at work, other than I asked them to budget for more resources.

I’ve caught a series of “bugs” including Covid in the past few months. I have little kids in daycare, they are germy. I haven’t missed too much work. I even worked (remotely) when I had covid.

Manager keeps making comments about “my health.” She inferred that I can’t handle the job because I got sick. I always brush it off with - well, “you remember when your kids were little. Lots of runny noses and tummy bugs.” Once I had Covid, manager said (not asked) “gee, you sure this job is right for you right now? Maybe you should focus on your health.”

It’s a pandemic, people get sick! I’ve barely missed work, performance is good, I’ve followed all HR guidelines. Does this sound like a genuine “I care about you” or a “quit, so we can hire someone else.”

Honestly my health would be better if I wasn’t doing 3 jobs and they would actually hire the appropriate number of people or change their expectations.

Is this a convo with HR? Tee up employment attorney? how should I respond back?

[Anonymous]

Do you have all of this in writing?

[Anonymous]

Yes you can be demoted if you aren’t meeting the job requirements and you haven’t applied for any protections.

[Anonymous]

Being sick isn’t a protected class. Of course you can be demoted.

[Anonymous]

yes you can get demoted.
Are you healthy now? Start cranking it out. Show em what you can do.
is it too much for you? do yourself and your boss a favor and say so. Laboring along as a merely mediocre performer isn’t fair to either of you.

[Anonymous]

I guess that’s where short snd long term disability kick in, no? If you can’t function then activate those.

[Anonymous]

Implied not inferred. She implied and you inferred.

[Anonymous]

You can be and if you cannot do the essential functions of the job, only FMLA might help but probably not. FMLA requires a serious health condition, which you haven’t mentioned. ADA would not kick in if you can’t meet the essential functions of the job. Attendance is an essential function of most jobs.

If I were you I’d stop talking about my kids’ illnesses. People think that getting sick from your little kids is a universal experience and all parents will relate, but it’s not. Some of us have never missed work due to sick kids or caught germs from our kids. Your boss has definitely telegraphed that they don’t want to know.

[Anonymous]

Anonymous wrote:You can be and if you cannot do the essential functions of the job, only FMLA might help but probably not. FMLA requires a serious health condition, which you haven’t mentioned. ADA would not kick in if you can’t meet the essential functions of the job. Attendance is an essential function of most jobs.

If I were you I’d stop talking about my kids’ illnesses. People think that getting sick from your little kids is a universal experience and all parents will relate, but it’s not. Some of us have never missed work due to sick kids or caught germs from our kids. Your boss has definitely telegraphed that they don’t want to know.

This.

And NEVER, EVER act sick or look sick in front of your manager. Step it up and give 110% whenever you're in front of her. You have a lot of ground to recover. Give it your best shot.

[Anonymous]

I've learned not to talk about anything "family oriented" at work. No kids. No daycare/school issues. No spouse issues. Not praises (Jimmy scored a goal in soccer!), not challenges (Jimmy has ADHD).

[Anonymous]

Yes you can be demoted or fired. But that’s only after your paid leave expires and your work needs people who can do the job. Nothing what you said indicates you can’t do the job or aren’t doing it.

I’d get a new job if I were you.

[Anonymous]

Anonymous wrote:

Anonymous wrote:You can be and if you cannot do the essential functions of the job, only FMLA might help but probably not. FMLA requires a serious health condition, which you haven’t mentioned. ADA would not kick in if you can’t meet the essential functions of the job. Attendance is an essential function of most jobs.

If I were you I’d stop talking about my kids’ illnesses. People think that getting sick from your little kids is a universal experience and all parents will relate, but it’s not. Some of us have never missed work due to sick kids or caught germs from our kids. Your boss has definitely telegraphed that they don’t want to know.

This.

And NEVER, EVER act sick or look sick in front of your manager. Step it up and give 110% whenever you're in front of her. You have a lot of ground to recover. Give it your best shot.

This is BS. People get sick. It happens.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:You can be and if you cannot do the essential functions of the job, only FMLA might help but probably not. FMLA requires a serious health condition, which you haven’t mentioned. ADA would not kick in if you can’t meet the essential functions of the job. Attendance is an essential function of most jobs.

If I were you I’d stop talking about my kids’ illnesses. People think that getting sick from your little kids is a universal experience and all parents will relate, but it’s not. Some of us have never missed work due to sick kids or caught germs from our kids. Your boss has definitely telegraphed that they don’t want to know.

This.

And NEVER, EVER act sick or look sick in front of your manager. Step it up and give 110% whenever you're in front of her. You have a lot of ground to recover. Give it your best shot.

This is BS. People get sick. It happens.

Yes but if you miss too much time or don’t get your job done to the satisfaction of your employer, you can be fired or demoted to a less demanding position. Happens all the time.

[Anonymous]

Your manager sounds like a dick.

I tend to agree with others - don't say anything about your kids being sick other than if they are sick and you have to stay home it is of course normal to take sick leave/PTO.

Could you be fired? I suppose. It seems more likely that your manager will either give you a negative review or just be unpleasant.

I don't know that I would respond back except for maybe the, "I'm not sure what you mean by that Manager. Do you have an issue with my job performance?" I hate people that are passive-agressive.

[Anonymous]

Do you not have a spouse or the children another parent? You need to split child-related absences between you.