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Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
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Experience:  Licensed Attorney with 28 yrs. exp in Employment Law
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in the state of michigan can a employer tell you what time

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in the state of michigan can a employer tell you what time you can have a doctors appointment? Have a dentist appointment at 8 AM and they said next time it will not be approved unless it is at the end of the day... they appointment is not until july 2, also in the state of michigan are the employer required to give you a lunch break? I drive a redimix truck requiring under dot regs?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Marsha411JD replied 1 year ago.
Hello,

Thank you for the information and your question. Unless you have a contract or a company policy that gives you more rights, then the employer is allowed to set the terms and conditions of employment, including when time off can be taken. Obviously if an employee takes a day of leave and will be gone the entire day they can schedule their appointment whenever they choose. However, when the employee is going to miss work time and the issue is not related to FMLA time off for a serious health condition, then the employer can state when the hours are that the employee can take off, for whatever the reason. In fact, technically speaking an employer does not have to provide any time off, paid or unpaid, for non-FMLA qualifying illnesses or medical/dental issues. They must though, as I mentioned above, follow their own contracts or policies.

In terms of meal breaks, Michigan law does not requires employers to give any employees who are 18 years of age or older breaks of any kind, including meal breaks. However, if they do, and they don't pay for that time, the employee must not be allowed to work during that meal break. If they are, they must be paid for that time. The DOT rules would not affect this outcome.

Please let me know if you need any clarification. I would be glad to assist you further if I can.
Customer: replied 1 year ago.

So you are saying for lunch dot doesnt care that you have been in the truck for 10-12 hours without more than 5 minutes out of the truck... not enough time to get to the microwave and heat something up.

Expert:  Marsha411JD replied 1 year ago.
No, that is not what I am saying. The DOT rules apply as to time driving in the truck, but that really isn't a "meal break" issue per se. Are you asking what the DOT rules say about the maximum time of driving?
Customer: replied 1 year ago.

they way i understand the rules for redimix drivers that are paid hourly and home daily...you can be on the clock for 14 hours but drive only 10 which in this case you are on the clock for 14 hours you are driving for 14 hours...and the max you can drive in 7 days is 60 hours

Expert:  Marsha411JD replied 1 year ago.
Thank you for your reply. This is the link to the new HOS rules that has compliance dates of February 2012 and July 2013 for different parts of the changes. http://www.fmcsa.dot.gov/rules-regulations/topics/hos/index.htm

There is no separate redimix rule. Only rules related to covered carriers (weight of truck). In terms of rest breaks, the new rule says: May drive only if 8 hours or less have passed since end of driver's last off-duty period of at least 30 minutes. [HM 397.5 mandatory "in attendance" time may be included in break if no other duties performed]
Then the link also discusses maximum service times depending on whether the truck is a property carrying or person carrying truck. Please take a look at the link for more details.
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 17308
Experience: Licensed Attorney with 28 yrs. exp in Employment Law
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