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I work for a company with an attendance policy, the usual 8…

Customer Question
I work for a...

I work for a company with an attendance policy, the usual 8 points variety. For an extended (3-4 days) absence due to minor surgery can they charge me 3-4 points or does it just count as one absence?

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

CA

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Full time at will

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes, we are on a 4-10 schedule. One of my days off is Wednesday. We had mandatory OT 6 days a week which included my days off. I called off on my day off due to previous commitments. Can they charge me a point for not working on my day off?

Submitted: 8 months ago.Category: Employment Law
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12/6/2017
Employment Lawyer: Patrick, Esq., Lawyer replied 8 months ago
Patrick, Esq.
Category: Employment Law
Satisfied Customers: 14,554
Experience: Significant experience in all areas of employment law.
Verified

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

Attendance policies do not have any legal effect and are not enforceable against the employer. They are simply management guidelines that are offered as a general way of dealing with absences and attempting to maintain consistent treatment.

What the law requires is that your employer "reasonably accommodate" any serious dibilitating medical condition, which means that if they can allow the time off without suffering hardship, they must. Understand that this is completely separate and apart from any attendance policy. It is possible to violate the attendance policy but still be protected from termination by the law. Conversely it is possible to be in conformity with your attendance policy (i.e. you miss one day due to a minor cold) but are still not protected under the law from termination because the law does not protect minor illnesses.

In short, your employer can charge you for not working on your day off. It may not be fair, but again, these sorts of attendance policies cannot be legally enforced against an employer. They are essentially legally irrelevant, one way or another. All that matters is what the actual law permits your employer to do or not do, and here, there is nothing in the law that would prohibit your employer from counting this sort of absence against you on their point system.

I hope this makes sense. If I can clarify anything at all for you, please do not hesitate to ask. It is my pleasure to assist you further if necessary....

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Employment Lawyer: Patrick, Esq., Lawyer replied 8 months ago

Hello again,

I just wanted to followup because this question was still open and I have not heard back from you. Was there anything more I can do to assist you? Did you get a chance to review my answer to your question? Please let me know....

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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