Disciplinary Action

[cenzo]

What is the name of your state? Massachusetts

My cousin told me of a policy at her place of employment in MA which I'd like your opinion as to whether it is legal and /or what can be done about it.

She has been told that if she is sick and can not report to a supervisor that she will not be in for the day at least 4 hours before her starting time of 8:30 AM she will be " forwarded directly to the disciplinary process". For example, If she were to awake at 6AM and and call in to a supervisor at 6:15 AM stating she is ill and won't be in to work for the day at 8:30 AM she will be subject to disciplinary action ( not told as to what specific action). This relative has not called in sick or been late since beginning her employment approximately 2 years and 9 months ago.

Thank you for your comments.

Cenzo

 

[cbg]

Is she, and she only, subject to this policy or are all employees subject to it?

 

[cenzo]

All employees were given notice of this action.

Cenzo

 

[pattytx]

It's stupid and silly to ask an employee to wake up at before 4:30 to call in sick for an 8:30 start. What's he supposed to do, call the supv at home? This is just dumb. Having said that, however, there is nothing in the law prohibiting the employer from doing this.

 

[cbg]

To qualify Patty's answer slightly, the regulation, as silly as I think it is, is not in and of itself illegal.

There are some FMLA and possibly some ADA situtations in which if the employer applied this policy, they would be in violation of these specific regs. However, as long as they make exceptions in these specific situations, they will be in compliance with the law.