Is corporate allowed to take shifts out from an employee on sick leave if a doctor’s note was not submitted by the return date?

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Is corporate allowed to take shifts out from an employee on sick leave if a doctor’s note was not submitted by the return date?

I called in sick for 4 days and the corporate scheduler sent an email to my work email address to submit a Dr note for sick leave. However, I did not notice this until I went back to work on return date because I did not check my work email during sick leave and the corporate scheduler did not call me, text me or send an email to my personal email address about a doctor’s note. When I showed up for work, my manager told me that the scheduler took me out from schedule for the day and next day because I did not submit the note. Is corporate allowed to take an employee’s shifts away if they did not submit a doctor’s note in advance or before their return date? Is corporate allowed to replace employee’s shifts on the return date without the employee’s consent if such a note was not submitted?

Asked on August 3, 2019 under Employment Labor Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

Yes, your employer can do this unless such an action violates the terms of an employment contract or union agreement. The fact is that a company can set the conditions of employment much as it sees fit, absent some form of legally actionable discrimination. This is known as "at ill" work. Accordingly, a company can set its policy much as it deems appropriate and necessary. Therefore, if you failed to follow such a policy, you can have your shits reduced and be otherwise disciplined.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

Yes, your employer can do this unless such an action violates the terms of an employment contract or union agreement. The fact is that a company can set the conditions of employment much as it sees fit, absent some form of legally actionable discrimination. This is known as "at ill" work. Accordingly, a company can set its policy much as it deems appropriate and necessary. Therefore, if you failed to follow such a policy, you can have your shits reduced and be otherwise disciplined.


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