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Calling off sick on a scheduled day off. Texas

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  • Calling off sick on a scheduled day off. Texas

    If you are scheduled to be off tomorrow and have a doctors appointment scheduled, and are subsequently forced to come in on overtime on your day off on the day of the doctors appointment do you have to show up? Are you required to treat it as any other normal day of work?

    My employers say you may call off sick, but then they are going to file it as if you called off on a scheduled day of work thus requiring a medical certification form and FMLA request (if applicable).

    It also goes into the discipline process as an "availability" issue.

    If all of the above is legal, can an employee use previous worked days of overtime to show that availability is not an issue and make this a moot point?

    In other words say you are off 8 days in a given month and are asked to work all 8 on overtime and show up for all but 1 day due to this medical appointment can they still discipline you for lack of availability?

    Or is this strictly the domain of your employer and all your days are owned by the company?

    The above is under a CBA with defined rotating work schedules and set days off work.

  • #2
    Sorry this post was meant to go in the Texas Labor Laws folder.

    Sorry about that.


    • #3
      It did and here it is.

      This is not an area addressed by the law. In my opinion, this would be definitely be unfair, but my opinion and $2 will get you a cup of coffee. The fact is that attendance policies are not regulated by any laws. Now, if the employees are covered under a CBA, that would be a contract issue, and a wage-and-hour-law issue.
      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.