Subject to termination if go to Dr

[nvJob]

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

Hello,

A Coworker, in a union shop, is having serious health symptoms. Boss threatens if he calls off (even to go to Dr to get checked) he will be subject to termination. Is this legal? Can the employer take action towards him even with proof he went to the Dr?

Hes being intimidated not to get his health looked at, will the company be liable if something bad comes out of not being able to go to the Dr?

Thanks

 

[pattytx]

There has to be more to this story. Your friend should contact his union rep; there are likely some protections in the CBA over and above what the law might require (if any-we don't have nearly enough information to say).

You posted in the Worker's Compensation forum. Is this an on-the-job injury or illness caused (or possibly caused) by his work?

 

[nvJob]

Its basically a bully boss, using his own words "I have to control you guys." He sets unrealistic goals, unrealistic expectations etc.. This coworker has been cooperating in a union and eeoc investigation, so hes being intimidated by the boss obviously.

Our union and contract are weak and vague. In regards to call offs, all it says is we must supply a Dr note after so many days off. Thats it. And even if we do call them, its like "well do what you can, try to work it out." No help, ever! Thats why the employer runs amuck and gets by with everything.

 

[pattytx]

If the employer is in violation of the union contract, and the local won't help, he will probably have to go higher. Sounds like it might be illegal retaliation to me.

Again, though, work-related or not? It really does make a difference.

Having said this, though, is his health really worth all this?

 

[nvJob]

He says it happens doing certain parts of the job. So it seems to be work related yes.

 

[cbg]

And what is his overall attendance record like?

 

[ajkroy]

Some doctors are open early in the morning, stay open in the evenings, and even open weekends. So are walk-in clinics.

 

[pattytx]

He says it happens doing certain parts of the job. So it seems to be work related yes.

Maybe. Maybe not. Just because it happens at work, or even if exacerbated by work, doesn't automatically mean it was caused by work.

 

[nvJob]

**Maybe. Maybe not. Just because it happens at work, or even if exacerbated by work, doesn't automatically mean it was caused by work**

True. Doesnt know if it was brought on gradually over time or not.

**And what is his overall attendance record like?**

Hasnt missed a day in a over a month. And has never had an "attendance" problem. Other people call off more. Its obvious hes just being bullied because of his involvement witht the union and eeoc case.

Heres the interplay with company and union. You bring in a Drs note. Boss says its unexcused! Because you were on sched and supposed to be here and you were not. The union says "well yea you were supposed to be there, we cant fight that"

The contract in regards to attendence / call offs only says "A Drs note will be required after two days of calling off"

The boss says "it doesnt say its excused up to two days only that you need a Drs note after two days"

Huh? Doesnt the note itself imply it needs to be provided after two days in order to be excused>????

 

[nvJob]

Also there is no progression of days for calling off, like 10 in X amount of time equals this etc. Nothing.

 

[cyjeff]

and how long has he been with the company?

 

[nvJob]

Not to give up to many identifiers, but hes been there over 7 years...

 

[ecmst12]

If he has a serious health condition, then he is covered by FMLA so long as there are enough employees and he has worked enough hours. He needs to go to the doctor on his own time and if he needs to request FMLA, he should get at least initial documentation from his doctor to present at the time of the request. And he needs to specifically say, I am requesting or applying for FMLA leave, here is my documentation, here is where my doctor says how much time I need etc. He should make the request in writing. If he suffers adverse action after that, he can contact the US DOL to file a complaint as once he puts that request in, he's protected.

If he absolutely can't be evaluated on his own time, he can go out and submit documentation after the fact, but even though he should have the same protection, IMO it's more dangerous to do it that way.