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Workers Required to Call In Sick Four Hours Before Shift, How to Handle Migraines

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  • 08-28-2012, 11:11 PM
    Javer
    Workers Required to Call In Sick Four Hours Before Shift, How to Handle Migraines
    My question involves labor and employment law for the state of: NV

    My company requires an employee to call in four hours prior to their scheduled shift.

    I currently have FMLA for my migraines.

    Sometimes I vomit when I am having a migraine.

    When I'm vomiting I cannot call in .

    If I don't manage to call in four hours prior to my shift (because I was vomiting) can I still get disciplined under the company's call in policy?



    Can anyone provide me with examples of "unusual circumstances" that were acceptable exceptions to the company call in policy? The language is very confusing and ambigious .
  • 08-29-2012, 12:06 AM
    jk
    Re: Does This Qualify As FMLA Unusual Circumstances?
    Quote:

    When I'm vomiting I cannot call in .
    are you suggesting you just don't call, at all?


    do you have a doctors statement concerning the issue?

    then, does FMLA even apply to your employer?- at least 50 employees within 75 miles

    are you eligible for FMLA - worked for employer at least 12 months; worked at least 1250 hours in the prior 12 months; have not used up the 12 weeks possible
  • 08-29-2012, 03:46 AM
    Javer
    Re: Does This Qualify As FMLA Unusual Circumstances?
    At Jk, I can call in after my vomiting episodes. But I may miss the four hour call in deadline.

    Vomiting comes standard with migraines like sore throats with a cold or flu. Do I still need a doctors a note specifically saying that during migraines episodes I may vomit?

    Yes my company does have FMLA and I do qualify for it.
  • 08-29-2012, 03:53 AM
    Dogmatique
    Re: Does This Qualify As FMLA Unusual Circumstances?
    I'm not asking to be snarky - but can't you email the company?

    Being a migraine sufferer myself, I do understand the vomiting, the nausea and everything else. Is there a family member who can contact HR?
  • 08-29-2012, 06:50 AM
    cbg
    Re: Does This Qualify As FMLA Unusual Circumstances?
    What kind of discipline is used if you do not call in four hours ahead? I'm asking for a reason.
  • 08-29-2012, 06:59 AM
    Disagreeable
    Re: Workers Required to Call In Sick Four Hours Before Shift, How to Handle Migraines
    I suggest your doctor request exception to the policy for you. I can't honestly see how you can miss a 4 hour window, but never need to leave work for the same reason.
  • 08-29-2012, 02:10 PM
    Javer
    Re: Does This Qualify As FMLA Unusual Circumstances?
    Progressive discipline for not calling in four hours ahead of shift. Not calling four hours ahead of time is part of comprehensive time and attendance policy that includes

    a) clocking in

    b) tardiness

    c) call in policy.

    Any voilations of any of above all count against the time and attendance policy. (Not calling in four hours prior to a scheduled shift is an "automatic " write up company wide.)

    For example an employee may have a written verbal for failing to clock in a number of times.

    If that same employee who already got a written verbal for failing to clock in a number of times also voilates the company tardiness policy, he/she will now have a written written warning and so forth.

    Schedule of progressive discipline

    1st offense a written verbal

    2nd a written written

    3rd 1 day suspension

    4th 3 suspension

    5th 5 day suspension

    6th termination.

    At dominatique : Company has an "automatic" write up for missing call in deadline as there standard call in policy.

    I live alone and cannot have anyone call in for me.
  • 08-29-2012, 02:28 PM
    cbg
    Re: Does This Qualify As FMLA Unusual Circumstances?
    FMLA or not, failure to call in at all is unacceptable and yes, you can be disciplined for that.

    Under the FMLA statute, you can be required to follow the company's call in procedures (as long as they are not more stringent for FMLA absences than for non-FMLA absences) unless there are unusual circumstances, in which case you need to call in as soon as possible. For example, if the migraine starts only three hours before your shift, obviously you cannot give them four hours notice. But if you call them right away to let them know, that is acceptable.

    I understand that you cannot call in while you are in the act of vomiting. But surely there will be a break of at least five minutes between bouts when you can make a call. (And while I am not a chronic migraine sufferer, I have some personal experience with migraines.)
  • 08-29-2012, 02:36 PM
    Javer
    Re: Does This Qualify As FMLA Unusual Circumstances?
    Quote:

    Quoting cbg
    View Post
    For example, if the migraine starts only three hours before your shift, obviously you cannot give them four hours notice. But if you call them right away to let them know, that is acceptable.

    .)

    This is still a voilation of company policy because it doesn't give company four hours of notice.

    I will call in but the problem arises when I don't make the deadline.......then it's an automatic write up company wide.
  • 08-29-2012, 02:45 PM
    Mr. Knowitall
    Re: Does This Qualify As FMLA Unusual Circumstances?
    But if you document your medical condition and implicate your FMLA protections, there are few circumstances where they might have a plausible argument to avoid accommodating you on that issue. Presumably they already accommodate you when your migraine begins during a shift.
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