Called to a termination hearing while on Medical leave

[Cali?]

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

Hi, I was off work for 5days and I received a letter in the mail calling me to attendance hearing. I faxed my Dr.'s note to my employer and my union assured me the hearing would be cancelled because I was going to be off more than 30days and hearings aren't usually held until the employee returns to work. A few days pass and my union rep. Informs me that my employer is goings to move forgoes with hearing even after requests to postpone until I return to work. I'm not in an emotional space to properly defend myself against the charges. I don't know if the hearing that was scheduled for today happened or if they granted me a postponement ...is this legal? My employer placed me on long term sick (yet making my absence a non chargeable absence) but my employers ayes the labor department was behind them conducting the hearing without me. If I'm terminated what are my options if any? I didn't attend the hearing and I haven't heard anything from my union rep as to what was the outcome.

Thanks for you time.

 

[OHRoadwarrior]

File a grievance. Your union rep is supposed to have your back.

 

[ecmst12]

Do you qualify for FMLA?

 

[Cali?]

Do you qualify for FMLA?

I don't qualify for FMLA but the union contract states that if you're off work on medical leave 30days are more or cannot be counted a gainer your attendance, my department acknowledged my Dr.'s note by placing my status as Long Term Sick, yet they insisted on holding the hearing. My union president and Rep. Continually stated that my manager wants me fired and he planned on doing just that.

 

[Cali?]

File a grievance. Your union rep is supposed to have your back.

I feel that they don't. Should I have filed a grievance before the hearing? I know my union says they will do that if they terminate me. It's that how it usually works? So stressed out already. Don't know what to do.

 

[OHRoadwarrior]

You need to get in touch with your BA. He/She should have requested the issue be tabled until you could attend. If they did not and you were terminated, you need to file a timely grievance. Your stewards should be able to assist you with this.

 

[Cali?]

You need to get in touch with your BA. He/She should have requested the issue be tabled until you could attend. If they did not and you were terminated, you need to file a timely grievance. Your stewards should be able to assist you with this.

Im sorry but what is a BA? The union rep did requested a postponement and it was postponed from August 7th until today...he said my employer refused to wait until I returned and insisted on holding the hearing with or without me. Today i emailed my manager and union rep requesting the postponement until I was capable of defending myself properly, never got a response from manager or rep. So now I'm just waiting...again. I called my rep. Several times today after the time the hearing was scheduled and he didn't answer or return my call. Also I wasn't aware that it had been rescheduled until yesterday and I said I would attend because I felt I didn't have a choice but to say okay...but this morning I did request the postponement..

 

[OHRoadwarrior]

The Business Agent is the union rep who is elected/assigned to your company by the union. He/She manages the stewards. They sometimes hold another position within the local union management structure also.

 

[cbg]

This is entirely a matter of your union contract. Since FMLA does not apply, nothing that is transpiring violates any laws. If it violates your union contract, it's up to your union to deal with it.

 

[Cali?]

Thanks everyone for all your help. I have just one more question. My manager agreed to postpone the hearing but only if I can give documentation that I'm not in a emotional state to attend the hearing. Can he ask for my medical records. I don't want him to knowwhat my illness is. He's giving me 2 business days to produce a dr. Statement ...or he will move forward with the hearing.

 

[cbg]

He can unless your union contract says he can't.

You are not obligated to provide the records. But if you don't, you may have to accept the hearing as scheduled.

 

[OHRoadwarrior]

A doctors excuse can be very generic. If the union is allowing him to require it, he can. You can of course file a grievance. The problem is if the BA or manager agree, the grievance is decided against you. I always have my medical excuses generic. Disagreeable, is medically excused from work until XX/XX/XXXX. In your situation, I might suggest something like...


Cali is medically excused from participating in activities requiring focus and judgment until XX/XX/XXXX.

 

[Cali?]

A doctors excuse can be very generic. If the union is allowing him to require it, he can. You can of course file a grievance. The problem is if the BA or manager agree, the grievance is decided against you. I always have my medical excuses generic. Disagreeable, is medically excused from work until XX/XX/XXXX. In your situation, I might suggest something like...


Cali is medically excused from participating in activities requiring focus and judgment until XX/XX/XXXX.

Okay...that example of a note helps sooo much!!!!! Thank you!!! I was stressing that I would have to reveil my diagnoses and everything else...really really appreciate it!!!!! This was causing more stress than all my other issues combined...

 

[OHRoadwarrior]

If the disabled do not network, society will crush us. Good Luck.

 

[Cali?]

If the disabled do not network, society will crush us. Good Luck.

They are definitely trying with me...I will keep you all posted...thanks again to All!!!