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Tina
Tina, Lawyer
Category: Employment Law
Satisfied Customers: 8184
Experience:  JD, BBA, recognized by ABA for excellence.
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Can my husband get out of his 3rd and final CAM?

Customer Question

My husband works for a very large aerospace company and their policy is if you get 3 CAM’s (Corrective Action Memos) in 1 year then you are terminated. He received 2 last year for attendance and just received another one. The background on this third one is that he was off for 3 weeks under FMLA but was really abusing that policy because even though he told his manager that his back was acting up and he couldn’t come in, it was really because he was unhappy with his job. Abusing the FMLA is a whole other story and they don’t do anything about that as long as you have a note from your doctor. Anyways, after 3 weeks of not going in, he decides he wants to go into inpatient alcohol rehab to get sober and get his head together. He decides this on March 20th and calls his manager and tells him what’s up. He then tells me that all is good and his manager is fine with it. He tells his manager that a bed may open up as early as that day for him or it may not be until the following week. I am not sure if he reiterated to his manager that he would not be in at all even if he doesn’t get called in until later in the week. Well he has no more contact with his manager the next week and he doesn’t go into treatment until March 27th, so a full week since he talked to his manager. They aren’t allowed to have their cell phones there so he leaves it home with me so that I can get any messages. On March 30th I see he gets a text from his manager saying “I haven’t received a request for FMLA. When will you get it to me?”. I relay this message to him later that day and he says he will call him the next day. Apparently he didn’t call him as he didn’t realize the urgency of it and that they didn’t have him covered for the week of the 23rd-27th, even though his manager had told him no problem. He goes back to work after he gets out of rehab on April 17th. On this day they tell him that he is unexcused for that week of the 23rd-27th. He tells them that his manager said he was in the clear, but it is the next level manager that won’t clear it no matter what unless he gets a note from a doctor. Well this was the week while he was waiting for a bed and never knew when they were going to call him so he can’t get a note from the doctor at rehab because he wasn’t there yet nor can he get a note from his regular doctor because he hadn’t seen him that week either. He has talked to the union rep and they basically said that he needs to write a letter to another higher up person and see if the CAM can be cancelled. The managers are even telling him to just get a note from the doctor even though he didn’t see one, which is unethical. He also said his HR rep was there as a witness when he was talking with his manager and the manager said that he okayed it but just didn’t do anything about it. I’m not sure of all the details. If the CAM doesn’t get cancelled, he will either be fired or, as an alternative, can only keep his job if he admits he has a problem and goes back into treatment for the full 21 days (whereas last time he only stayed 14 days because that’s all that insurance covered). I find this to be detrimental to our well-being because I don’t even know if treatment will be covered again, and they only cover 14 days so we’d have to pay out of pocket for the other 7 days. Plus, he would go through the same thing he just did when he doesn’t have the need to go back in because he hasn’t had a drop to drink since leaving rehab almost a month ago. This also means that there will be no income from him during this time just as there was no income from him last time he was in treatment and I will have to cover all the bills due to his manager saying this whole thing was fine but not following through with paperwork. I also have plans to be out of town for a week and that means that no one will be home for a week which means we have to pay someone to come and take care of our cats and yard which means even more money we have to spend. We shouldn’t have to spend any money for any of this. It almost seems easier for him to quit his job if he has to go through all this again.

Submitted: 1 year ago.
Category: Employment Law