Probationary period and illness

[RayD71]

What is the name of your state (only U.S. law)? Maryland

Hi everyone.

My spouse is deeply concerned about their employment. They started this job on September 8 as a call center rep. The company was impressed enough with the credentials that they offered $2 more per hour than the position advertised. In the first couple weeks, he made really good progress and improvement on call resolution time. Everything is going pretty well sans a recent illness. He's gone to work and hasn't called out for these illnesses. In each case, he's gone to work and made the effort to do his job before the manager is telling him to go home and get better. Each time, I've taken him to the doctor and if any time off was needed, we got the documentation and sent it in.

As an employee myself, it seems everything really favors the businesses when it comes to terminations. Especially during the probationary period. I've seen some heavy handed responses to illness and I've seen some pretty fair ones. I'm just wondering what could happen, what can be done to prevent or anything along that lines. His manager has been updated every step of the way and did tell him to take the time to get better. Attendance has been good otherwise. He's even brought the people that cover for him little gifts to thank them which the manager was surprised by. Honestly I don't have any indication that something negative will happen, but he's pretty panicked about it all and just wanted to see if I can narrow down the potential response.

Any info will be greatly appreciated. Please feel free to ask me anything you think is important to know to help give me guidance.

Thanks.

 

[commentator]

You don't mention how many absences we're talking about or how long a probationary period. Since he has not been working for the company a year, FMLA will not be an issue. And of course, IF THEY WANT TO, any company can fire you for absences, regardless of reason or whether or not you have a doctor's excuse. Regardless of what a fine fellow or a great employee your husband may be, it is the policy of some companies to strictly enforce a point system or a system in which no matter how great your excuse may be, if you miss over so many days or hours of work during your probationary period, you're out. This they see as weeding out potential sickly or otherwise problematic employees.

And you're right, the cards are stacked against the employee here in almost all ways. The only thing that he can do to make things a little better for himself, if this is the case, and they're going to terminate due to excessive absences regardless of what a mensch he is, is to make sure that he does have a medical excuse for each absence.

Even if he's had it before, he knows what it is, he's already got the medication on hand to treat it, no matter, he needs, if he is going to have to be out, to see a doctor, and have a medical excuse for that absence.

Unless he wakes up in a coma, in which case you should be instructed to do the call in, he should always carefully follow the reporting requirements and procedure for calling in to inform them he's going to be absent from work.

Then, if when he returns to work, they tell him he has just missed too many days during his probationary period, and they are going to have to terminate him, per company policy, etc. he will need to file immediately for unemployment insurance. That is the one arena in which he does have a little bit of an advantage. If he has a medical excuse for his absence, and the company has terminated him anyhow, he will need to file immediately for unemployment insurance, and will likely be approved. The unemployment system considers illness with a medical excuse as something you could not control. Therefore you are out of work through no fault of your own.

Of course now you are well, back ready to go to work again, but your employer has elected to terminate you, which is their right to do. So you file for unemployment benefits.

If you are out of work with a documented medical excuse, and you are terminated because of that absence, you are considered to have a no fault absence, and you can be approved for unemployment benefits while you look for another job. They only last six months, are not based on your being low income or needy, and require that you be able available and actively seeking another job during the time you are drawing them. But they are about as good as it gets if the company decided to fire your husband during his probationary period due to his absences for health reasons. It does actually cost the company money when they have an employee terminated and approved to draw benefits, as unemployment is paid in by the company and their rates of taxation are based on how many people they lay off or terminate who draw from them.

In the meantime, I strongly advise your husband to concentrate on his work, doing well at his work, speaking about the long term future of his work there with the company, and really stop talking about, making excuses for, or dwelling on his health issues. Giving little gifts to those who had to cover for him when he was out sounds a little creepy to me, guaranteed to get him remembered as that guy who's out all the time and nothing else.

 

[RayD71]

Thanks for the detailed response.

This is the second instance in a....90 day probation period I believe. We have documentation for both times, sent in and saved at home.