Legal Question in Employment Law in California
Attendance policy
I was just curious of a employee's rights when:
-- 6months into the year your employer changes it's attendance policy. If you are out on ''unscheduled'' absence more then 3 times you can be fired. Meaning the Supervisors have not previously approved your absence even if you call in sick several hours or even the night before. When the policy changed it started with all prior instances still counting against you. Can that be done?
-- With the new policy and you inform the employer several days in advance I was at the emergancy last night and must return on Friday at 8am to be checked agian, can they state well it will count as unscheduled because others have the day off already. I can understand personal days being denied but medical reasons. In which she could bring in a doctor's form to prove she went. Any info would be appreciated.
1 Answer from Attorneys
Re: Attendance policy
There are certain circumstances where an employer cannot fire an employee for an absence that was not previously approved. For example, an employee eligible for FMLA/CFRA leave, who must miss work due to a medical emergency for themselves or a close family member cannot be fired.
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