Legal Question in Employment Law in California

Change of Schedule via Phone Call

I was given a note from my doctor to take Wednesday and Thursday off due to workplace stress. My normal work week is Sunday through Thursday. I received a voicemail stating that I would be required to come in on Friday to work. In the voicemail the ''Supervisor'' states that I am required to come in on Friday since this is my normal shift. Seeing as it is not, does the company have the right to change my schedule without verbal acknowledgement from me? Also if I never received the voicemail can I still be held accoutable for it, and thereby diciplined for not returning to work on Friday?


Asked on 9/01/04, 9:12 pm

1 Answer from Attorneys
Thomas Pavone Pavone & Cohen

Re: Change of Schedule via Phone Call

If your doctor intended that you be off for Wed and Thurs as well as your regularly scheduled days off, have him modify the note to reflect that intention. If not, an employer can require overtime work, so the fact that it wasn't your regular day of work does not mean that the employer can't require you to work. You can be disciplined for refusing.

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Answered on 9/02/04, 2:59 pm


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