sick days with a Doctor note

[calidui]

What is the name of your state? CA

I have a situation at my office. I left during my lunch hour and went to see a doctor who wrote me a note excusing me from work for the rest of the day and the two days to follow. After my appointment I called into the sick line and told them I would not be returning to work for the day. I called the sick line the following 2 days of work I missed. SOP states that you must call in sick 1 hour before your shift.
Upon returning to work they presented me with a written warning they wanted me to sign. They where under the impression that I was not really sick but just wanted time off. They had valid reason to believe this because I had stated that I may be taking those days off. I explained that I had a Doctor note. After some discussion and thought the HR rep told me I violated the Standard Operating Procedures by not calling in 1 hour before the time of my shift. I explained I was at the Doctor during my lunch break and wanted his opinion before I made the decision to call in sick. She responded that I violated the SOP and will still be written up.
Does she have the right to do this???? Regardless of the fact that they thought I was abusing the sick time doesn't the Doctor note over ride any opinion they may have?

 

[Proserpina]

What is the name of your state? CA

I have a situation at my office. I left during my lunch hour and went to see a doctor who wrote me a note excusing me from work for the rest of the day and the two days to follow. After my appointment I called into the sick line and told them I would not be returning to work for the day. I called the sick line the following 2 days of work I missed. SOP states that you must call in sick 1 hour before your shift.
Upon returning to work they presented me with a written warning they wanted me to sign. They where under the impression that I was not really sick but just wanted time off. They had valid reason to believe this because I had stated that I may be taking those days off. I explained that I had a Doctor note. After some discussion and thought the HR rep told me I violated the Standard Operating Procedures by not calling in 1 hour before the time of my shift. I explained I was at the Doctor during my lunch break and wanted his opinion before I made the decision to call in sick. She responded that I violated the SOP and will still be written up.
Does she have the right to do this???? Regardless of the fact that they thought I was abusing the sick time doesn't the Doctor note over ride any opinion they may have?

Nothing illegal happened here.

Sorry.

 

[justalayman]

Contrary to popular belief, doctor's notes are not like a mom's note when you missed or were late for school. There are times (such as FMLA leave) that they bear weight but other than that, they generally don't have any great powers.

 

[Willlyjo]

What is the name of your state? CA

I have a situation at my office. I left during my lunch hour and went to see a doctor who wrote me a note excusing me from work for the rest of the day and the two days to follow. After my appointment I called into the sick line and told them I would not be returning to work for the day. I called the sick line the following 2 days of work I missed. SOP states that you must call in sick 1 hour before your shift.
Upon returning to work they presented me with a written warning they wanted me to sign. They where under the impression that I was not really sick but just wanted time off. They had valid reason to believe this because I had stated that I may be taking those days off. I explained that I had a Doctor note. After some discussion and thought the HR rep told me I violated the Standard Operating Procedures by not calling in 1 hour before the time of my shift. I explained I was at the Doctor during my lunch break and wanted his opinion before I made the decision to call in sick. She responded that I violated the SOP and will still be written up.
Does she have the right to do this???? Regardless of the fact that they thought I was abusing the sick time doesn't the Doctor note over ride any opinion they may have?

Your employer cannot hold it against you for leaving after half a days work due to illness! If such write up resulted in your termination, you might have some kind of a case based on the fact your employer DOES allow an employee to be sick and then they fire you for it.

As you say, the policy is to call in at least an hour before starting time. But everyone including employers DO realize there are circumstances where it isn't possible and this is one of those circumstances.

I would let the write up go and go about your job and hopefully after 6 months (many employers do this), your write up will be expunged from your file. It would be counter productive to make matters between you and your employer a lot worse by taking a big stand against this write up since it really doesn't affect your employment status at this time.

 

[pattytx]

Your employer cannot hold it against you for leaving after half a days work due to illness! If such write up resulted in your termination, you might have some kind of a case based on the fact your employer DOES allow an employee to be sick and then they fire you for it.

Wrong again. Just because an employer offers sick time doesn't mean they cannot "use it against you" when you use it. A doctor's note carries NO legal weight unless FMLA is involved. Such a termination would NOT be illegal. If you have a LAW, willyjo, stating otherwise, please post a link to it. If you don't, stop spewing inaccurate information.

There is NO case here based on the information in the OP's post.

 

[justalayman]

Your employer cannot hold it against you for leaving after half a days work due to illness!.

Really? Wow, I thought differently. Would you care to provide some proof of support for your statement? I try to be as accurate as I can and obviously, without some authoritative support for my statements, it's obviously worth nothing more than my claim I believe it to be correct.

Did you have something specific to California handy?

 

[pattytx]

Did you have something specific to California handy?

Of course he doesn't.

Even if FMLA applied (and we don't have nearly enough information to say), the OP can be written up for not following the policy of calling in when required.

 

[>Charlotte<]

calidui, willlyjoe is notorious for not knowing what he's talking about. He mostly subscribes to the "conventional wisdom" that most people have about employment law, but there a lot of myths out there and willlyjoe seems to subscribe to most of them.

This is yet another thread that should soon turn into another episode of The Willlyjoe Show where he'll whine about...well, almost everything. And that's gotten long past tiresome.

I don't, however, want his ignorance to give you false hope or lead you down a path that could result in an unfortunate situation for you--even termination.

I'm sure the accurate advice you're being given isn't what you want to hear, but it is the truth.

Good luck.

 

[justalayman]

Of course he doesn't.

Even if FMLA applied (and we don't have nearly enough information to say), the OP can be written up for not following the policy of calling in when required.

I was growing tired of simply telling willy he is wrong so I figured I would try a different tack. This way he has a way to escape looking like an idiot by providing support. His failure to support his claim...well... pretty much allows him to look like he has no support for his claims.

 

[Proserpina]

Um...OP?

Your screen name wouldn't be Cali DUI, would it?

 

[Willlyjo]

Really? Wow, I thought differently. Would you care to provide some proof of support for your statement? I try to be as accurate as I can and obviously, without some authoritative support for my statements, it's obviously worth nothing more than my claim I believe it to be correct.

Did you have something specific to California handy?

Read my other posts in this thread. Do you think that for one minute if it were me based on what I know, I wouldn't confront an employer who fired me because I went home sick and it was maybe like the first time in months?

Of course I would! As I said, I would expect a judge to have me re-instated if the employer policy states you must call in sick 1 hour before the shift begins, but yet I was fired because I left early during lunch time to the doctor because I was sick even though the doctor provided a doctor's slip stating I was indeed sick.

This is pretty much a breach of the employer's own policy!!! Can't you people see this??! Thank God you are not in positions to where it actually matters.

 

[Willlyjo]

calidui, willlyjoe is notorious for not knowing what he's talking about. He mostly subscribes to the "conventional wisdom" that most people have about employment law, but there a lot of myths out there and willlyjoe seems to subscribe to most of them.

This is yet another thread that should soon turn into another episode of The Willlyjoe Show where he'll whine about...well, almost everything. And that's gotten long past tiresome.

I don't, however, want his ignorance to give you false hope or lead you down a path that could result in an unfortunate situation for you--even termination.

I'm sure the accurate advice you're being given isn't what you want to hear, but it is the truth.

Good luck.

Well why don't you ignore me instead of being so boring with your posts? You are right, there are lots of myths out there regarding employment law! One myth that some of you "labor experts" *cough* seem to believe is that labor law is an exact science. It is not!!!

Therefore, it is concievable that if someone who gets fired for calling in and submitting a doctor's slip even though the policy states it is permissible, might be able to litigate the matter if pleaded properly and if such pleadings could refute the "at will" status that you all believe can't be disputed.

Now having said all of that, it IS my opinion! The reality is (and I told the Op) that it would be counter productive to make a big deal out of a write up when 6 months down the line her write up would probably be expunged from her employee file!

Again, here is another case of ignorantly jumping out to disagree with an opinion which every one has! Let me give you ignorants a hint...all opinions can be disagreed on or agreed on to an extent, so go waste your time critiqing someone else!

As far as my advice, not my opinion, try telling me it wasn't good advice to the Op and she would probably laugh at you.

 

[Proserpina]

Well why don't you ignore me instead of being so boring with your posts? You are right, there are lots of myths out there regarding employment law! One myth that some of you "labor experts" *cough* seem to believe is that labor law is an exact science. It is not!!!

Therefore, it is concievable that if someone who gets fired for calling in and submitting a doctor's slip even though the policy states it is permissible, might be able to litigate the matter if pleaded properly and if such pleadings could refute the "at will" status that you all believe can't be disputed.

Now having said all of that, it IS my opinion! The reality is (and I told the Op) that it would be counter productive to make a big deal out of a write up when 6 months down the line her write up would probably be expunged from her employee file!

Again, here is another case of ignorantly jumping out to disagree with an opinion which every one has! Let me give you ignorants a hint...all opinions can be disagreed on or agreed on to an extent, so go waste your time critiqing someone else!

As far as my advice, not my opinion, try telling me it wasn't good advice to the Op and she would probably laugh at you.

It's also conceivable for me to put another $2 on Powerball this week and win the $96m.

OP, please consider these odds, and then consider following Willlyjo's posts.

The chances of either being successful are about the same.

 

[quincy]

Hey, Willly. Why don't you repost here the Foley, Khanna and Gray cases you cited in your last thread?

They are California cases afterall and, seeing as how you didn't read them and don't understand them, they might just apply to sick days, too, huh?

 

[justalayman]

Read my other posts in this thread. Do you think that for one minute if it were me based on what I know, I wouldn't confront an employer who fired me because I went home sick and it was maybe like the first time in months?

Of course I would! As I said, I would expect a judge to have me re-instated if the employer policy states you must call in sick 1 hour before the shift begins, but yet I was fired because I left early during lunch time to the doctor because I was sick even though the doctor provided a doctor's slip stating I was indeed sick.

This is pretty much a breach of the employer's own policy!!! Can't you people see this??! Thank God you are not in positions to where it actually matters.

no, in fact it was the day of the doctors visit that is specifically the breach of policy. Unless OP had more than an hour lunch, there were required to inform management they would not be back immediately after lunch when leaving. OP even admits to waiting until after the doctors visit to contact them.


no doctors excuse is good enough for not telling the boss you won't be back after lunch because you are ill.

additionally, a doctors note does not "excuse" your absence. You can still be written up for missing time no matter what a doctors not says.

Notice the OP never said she wasn't capable of working. Just the doctor "excused" her absence. In fact, OP never actually makes a claim of being ill.

Now, if I was the boss, you can best believe I would question the sudden illness and subsequent time off especially given the knowledge the OP intended on missing those days for some personal reason. Just about anybody can buy a note from their doctor with no actual illness.