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  • points system Washington

    I am a cook in washington state and i have a question about something. My job recently enacted a rule saying that anytime we call in sick we will be given a point. Now the way this system works is by giving us one point for calling in properly, 2 for inproper call in, and 3 for a no call no show. I had a cold 2 weeks ago and i got a point for that and i have recently come down with pink eye and the doctor said i would be out for 7 to 10 days.... this is enough for me to be fired. I brought in a doctors note for the time i was sick and they refused it. They said the only form they will accept is a FMLA form and my doctor said this is for when you are out repeatedly due to a chronic disease. I feel as if i am being strong armed into coming to work when i am sick... and for gods sake i am a cook. I could be fined or lose my food handlers permit. I dont think i should be getting these points, especially since i work around food. If i were to go in the resteraunt could also be closed for god knows how long! I just need to know if this is legal because i mean crap happens and i might get sick again and if i do i am sure i will be fired because of missing so many days due to the pink eye! please someone help me out here.... let me know what my options are. Many thanks ya'll.

    jackson

  • #2
    Whether or not pink eye would meet the defintion of a "serious medical condition", I'm not expert enough to say. However, a doctor's note has no force in law except where FMLA is involved.

    Are you sure an absence of that long would be multiple points? In most of the point systems I've seen a single illness that results in multiple days off in a row is treated the same as a one-day call in, i.e. one occurrence, not an occurrence for each day.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      This is a no-win situation.

      You should not be at work but the company does not have to protect your job when you are out unless it is covered by FMLA or the state equivalent.

      The doctor is wrong about FMLA -- it does not merely cover those with chronic illnesses.

      If FMLA is an option, you should certainly try. The company must have at least 50 employees within a 75 mile radius of where you work AND you must have been employed for at least one year AND you must have worked at least 1250 hours in the twelve months.

      Assuming the FMLA route is not an option, convince the company that it would be bad for you to go to work until you are no longer contagious (I think that is only 48 hours for conjunctivitis, aka pink eye -- we recently had that problem strike the entire family). Then you need to persuade them that firing you would cost them since they would have to pay to hire and train your replacement.
      Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

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      • #4
        yeah

        yeah i am sure that it would be treated as multiple points... because we are required to call in every day we are out.

        Comment


        • #5
          Went back and thought you might want to see this:

          "Serious health condition" means an illness, injury, impairment, or physical or mental condition that involves:

          any period of incapacity or treatment connected with inpatient care (i.e., an overnight stay) in a hospital, hospice, or residential medical care facility; or
          a period of incapacity requiring absence of more than three calendar days from work, school, or other regular daily activities that also involves continuing treatment by (or under the supervision of) a health care provider; or or,
          any absences to receive multiple treatments (including any period of recovery therefrom) by, or on referral by, a health care provider for a condition that likely would result in incapacity of more than three consecutive days if left untreated (e.g., chemotherapy, physical therapy, dialysis, etc.).
          http://www.dol.gov/esa/regs/compliance/whd/1421.htm

          Does this involve "continuing treatment under the supervision of a health care provider?" I would think so.

          And I agree with ScottB that your doctor doesn't get to decide what qualifies for FMLA and what doesn't. I would take the form back to the doctor and ask him to complete the diagnosis and time off required. That's all he should be doing.
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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          • #6
            If your doctor is saying 7-10 days off, plus antibiotic treatment for that duration of time, then as an HR practitioner, I would certify that for FMLA.

            I do have to agree with Patty. Every points-based attendance program I have ever seen only assigns a certain amount of points for consecutive absences due to illness. Ordinarily, it is the point value of the first day's incurrence.

            They have you to continue to call out so that they can make arrangements for your work to be covered.

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            • #7
              Originally posted by sherlok View Post
              yeah i am sure that it would be treated as multiple points... because we are required to call in every day we are out.
              Ask specifically. Calling in every day you are not does not necessarily mean a point each time.
              I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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              • #8
                its cool kids... i got everything figured out... i dont get points if i have a FMLA form so i went and got one. The thing is that even if you are gonna be out one day, you still have to get a FMLA form... my work wont just accept a doctors note! I complained to my boss that i was going to be getting points even though it was at the time illegal for me to be at work, she said i wouldnt get them because im in food and beverage! soooo thanx for all your advice guys! Oh and by the way the pink eye went away finally... geezus!


                jakSIN

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                • #9
                  Not every illness is going to qualify under FMLA, though.
                  The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

                  Comment

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