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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Employment Law
Satisfied Customers: 19641
Experience:  B.A.; M.B.A.; J.D.
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Montana law - Our handbook states that an employee must give

Customer Question

Montana law - Our handbook states that an employee must give a minimum of 4 hours notice and obtain a doctor's note for shifts missed due to illness. I received a doctor's note from an employee stating she was not to work until vomiting and diarrhea were absent for 24 hours. I let my employee know to let me know when they could return to work and I would add them for the rest of the schedule week. I did not place them on the schedule because their note stated 24 hours after their symptoms were absent. I have no way of knowing this, my employee needs to let me know and I told her that. She went of her own accord and requested a second doctor's note stating she could return 2 days into the schedule week and then, even with the doctor's note stating she could return to work, enclosed a written note stating that since she was not put on the schedule she has decided that she is not going to work until the next schedule week. One, she is angry she was not scheduled even when I explained it is much easier to add her to a schedule than to try and cover her shifts. Two, once she was cleared to return to work is it acceptable for her to decide she is not going to return until the next posted schedule even if she has a note saying she may return to work without restriction as of the second day of the schedule week. Please let me know.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Phillips Esq. replied 1 year ago.

One, she is angry she was not scheduled even when I explained it is much easier to add her to a schedule than to try and cover her shifts.

Response 1: Too bad. You made the right call.

Two, once she was cleared to return to work is it acceptable for her to decide she is not going to return until the next posted schedule even if she has a note saying she may return to work without restriction as of the second day of the schedule week. Please let me know.

Response 2: No, it is not acceptable. She is being quite unreasonable after you have tried to accommodate her.

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