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working off the clock and calling in sick Montana

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  • working off the clock and calling in sick Montana

    Hello. I really need to know if what my employer told us at work is legal or not. The first one is that if we do not have some of the things that we are expected to by the time that we are scheduled to be off, then we are required to clock out and finish it up. I work in food service, so as we all know, it can sometimes get busy and you cannot get it all finished by the time that you are to be clocked out. Is this really legal????

    The second one is regarding calling in sick. Recently we have had a lot of ppl sick. We got told that if that is not possible, then you are required to have a Dr's note. OK. But in our handbook it says that if you are off sick for three consecutive scheduled work days, then you need the note. If there is no note, then you will be written up. Ok understandable, but she has written ppl up even when they have a note. She says that it is also the law that you have to call 4 hours before your shift works. Is that true?

    I need to talk to her about this, but first I need to have all my info set up, so I don't make a huge mistake.

    thanks

  • #2
    Originally posted by lil'miss View Post
    Hello. I really need to know if what my employer told us at work is legal or not. The first one is that if we do not have some of the things that we are expected to by the time that we are scheduled to be off, then we are required to clock out and finish it up. I work in food service, so as we all know, it can sometimes get busy and you cannot get it all finished by the time that you are to be clocked out. Is this really legal????

    The second one is regarding calling in sick. Recently we have had a lot of ppl sick. We got told that if that is not possible, then you are required to have a Dr's note. OK. But in our handbook it says that if you are off sick for three consecutive scheduled work days, then you need the note. If there is no note, then you will be written up. Ok understandable, but she has written ppl up even when they have a note. She says that it is also the law that you have to call 4 hours before your shift works. Is that true?

    I need to talk to her about this, but first I need to have all my info set up, so I don't make a huge mistake.

    thanks
    I'm assuming you're a non-exempt employee - seems so. You have to be paid for all hrs./time worked. Your employer can discipline you (ie write up) for not having work done on time if they believe discipline appropriate but you have to be paid for all the time you are working.

    There is no specific law re time to call in - whatever employer requires. The problem with a handbook is that they rarely rise to the level of a contract. There is usually a disclaimer that notes it can be changed at any time, exceptions can be made, etc. The only way to actually know for sure if the handbook would be considered a binding contract & have to be followed re sick time write ups, would be to have it reviewed by an employment or contract attorney.
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