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Calling in sick Michigan

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  • Calling in sick Michigan

    Can an employee be considered a no show for work if their spouse calls in to say the employee(spouse) is sick.

  • #2
    The law does not address this issue. It's entirely up to the employer's policies.
    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.

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    • #3
      Just to add, our specific policy says the employee must call in. Calls from others (spouses, parents) etc will only be considered legitimate call ins in an emergency situation.

      Not addressed by law but we've had problems with it so thats why our policy says what it does.
      I find that the harder I work, the more luck I seem to have.
      Thomas Jefferson

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      • #4
        A good rule of thumb is to start with actual laws, such as FMLA and ADA. Once you find out what the law requires (and does not require), then create a company policy that files in the blanks (so to speak). But stay very clear on what the law requires and what the company wants. These are two very different things. Bosses tend to confuse their own opinions with actual laws (the government does not).

        Just a thought but if I found myself in charge of an HR department unexpectedly, one of my very first acts would be to spend $100 (more or less) and buy on of those HR policy on a CD programs. I am not saying that it is perfect, but I am saying that it will be vastly better then me trying to wing it. Alternatively paying someone who is expert in this area to customize the policy for you could make sense, but I can see no good reason to go any worse then a canned HR policy as my starting point.

        And no one is expert on all federal labor laws. No one is expert on the labor laws of all 50 states. There is a pretty good chance that I actually know more about certain labor law issues then whoever created the canned manuals did. The chances however that I know more about everything in the canned manual is zero. Smart people do not unnecessarily reinvent wheels.
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)

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        • #5
          I dont have your answer. However I do have questions and comments. Why would you want such a policy? So if I am your employee and have been vomitting all night I am to drag myself out of bed (risk more vomitting) to call in when my wife can do so and I can get some much needed rest? It seems by installing/using the policy you suggest your telling your staff you do not trust them. This can result in bad attitudes and all kinds of other issues. So again why do you want this policy or even looking at it?
          http://www.parentnook.com/forum/

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          • #6
            Hey guys - do we know whether this is the employer or the employee? When I first read the post, I assumed it was an employee wanting to know if the employer's policy was legal. Evidently most of you assumed it was the employer looking for permission to have such a policy.

            Maybe we should know for sure who is asking the question and why (we've had HR people here before wanting back up to to tell their upper management that a policy was a bad idea) before we get too vehement with them?
            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


            • #7
              question answered

              The question is from a employee point of view at my wife's job. I do run a small business and did not know if this was legal. I know it is not how I would run my business. I do know this is cause bad feelings at her job.

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              • #8
                Glad we were able to answer your question. I think in most cases such a policy would be a bit excessive, but it's legal and there can in some cases be a valid reason for it.
                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


                • #9
                  Calls directly from the employee do not ensure an honest response. In the 1980s I got a call from a "sick" employee who claimed to be home in bed on Monday who I knew went to Reno for the weekend. I could hear slot machines in the background while she described her "symptoms". Whatever. She got back on Tuesday and I had a project for her. I had several hundred boxes of old Accounts Payable records that were water damaged and mildewed from a flood several years ago. I told her to refile and rebox them, and basically would not take no for an answer. And she had all sorts of reasons why this was a bad idea (she was wearing the wrong clothes, her desk was not current, the planets are out of alignment, ...). I had work clothes and protective gear ready for her, so those dogs did not hunt. It took her several days to get the project done and she b****ed about to everyone she talked to that week.

                  I did not (ever) discuss the phone call with her or anyone else but that was the last time something like that happened again. Not from her. Not from her coworkers. HR was sort of freaked. They could not tell me exactly what I was doing wrong but they did not like it. Very Senior Management on the other hand was thrilled. I even temporarily got a "reputation" with the hourly workforce as someone not to mess with, some of whom were seriously scary. And the employee in question was actually a pretty good employee, when she was actually working. Meaning worth salvaging if possible.

                  However, sometimes Karma is sometimes a b****. Particularly if you give Karma a hand.

                  -------

                  OP, figure out what the exact problem is with the call in. What problem are you trying to prevent? If the person is legitimately sick and otherwise a good worker, I am not seeing the point to yanking their chain. I generally will cut some slack to someone who does their job. "Some slack" does not include lying to me or telling dumb lies. I would much rather have then tell me their car broke down or their dog is in the pound then listen to them cough and describe fake symptoms.
                  "Reality is that which, when you stop believing in it, doesn't go away".
                  Philip K. **** (1928-1982)

                  Comment


                  • #10
                    On the other hand, I once had a spouse call in for an employee of ours for three days consecutively, telling us she had laryngitis and could not speak. What we found out later was that she was in a domestic violence situation and he had her locked in an upstairs room where she could not get out for those three days. (When we found this out, we referred her to the EAP, which eventually was able to get her into a safe house.)

                    There's no guarantee of getting the truth no matter who makes the call.
                    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


                    • #11
                      During casual work conversation a co-worker asked me why when I was ill my wife called in. Happened rarely but we had worked together for years. I explained very simply. If I can get up to make it to phone I going to try to come in.
                      http://www.parentnook.com/forum/

                      Comment

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