My company provides liberal paid sick time, and any unused sick time rolls over to be added to the following years' sick time after an anniversary is crossed. Paid sick time can accumulate up to a set point. The company does this of its own accord.
I use FMLA for a chronic medical condition, and that does not affect my annual reviews. However, this last year I had to use sick time for a variety of ailments, including time for an ailing elderly mother. I was informed at my review that my "unexcused" (I'm assuming non-FMLA) sick time exceeded the company average. I have never been informed of what the company average is, and our employee manual does not distinguish between excused and unexcused sick time. I was told I had to bring my unexcused absence rate down or there could be dire consequences.
Other than attendance, my review has been outstanding. I have never lied about my reason for being ill, taking care of ill family members, etc (I have never "faked" my medical condition to invoke FMLA), and have gone to work many times feeling so ill my co-workers have begged me to leave, knowing I was in bad shape. I did not as I feared for my job. I was told by a former boss there that job quality is expected, of course, but they are mainly concerned that there is someone sitting in the chair every day, regardless.
I would like to know, can the company fire me, or punish me in any way, for taking sick time they have voluntarily allocated? Are they legally responsible for posting, in writing, what is considered excused or unexcused? Do they have to inform employees what the "company average" is?