My girlfriend has had a series of unfortunate events occur- unexpected surgery, auto repair issues, and threatening weather issues. The employer has tried to take shifts and write her up for some of these even though she had given immediate notification t

Most recently on her day off she tried to repair her car through an appointment but the mechanic had a heart attack and had to reschedule, due to the state of her car when she went in for a quick repair and found out that more repair was needed for the car to be able to be driven safely which would lead to her being 2-3 hrs late to her shift. The manager tried to take a shift for the following day and as well as tried to write her up as a displinary action, is this legal? It's in the hospitality service industry

1 answer  |  asked Feb 19, 2020 11:59 AM [EST]  |  applies to New York

Answers (1)

V Jonas Urba
Employees who work in any of New York City's Boroughs or Westchester County may not be required to provide medical documentation unless they miss 3 consecutive days from work. Otherwise, employers may request medical documentation to confirm absences.

Absences from work are probably the easiest way for any employer to terminate an employee. Whether it's a car problem or other needs excluding FMLA leave or pre-approved absences, most reasons are good reasons to either discipline or terminate employees as long as the employer is not motivated by discriminatory intent. For example, minority employees are disciplined while Caucasian employees who use the same excuses are not.

If there is no discrimination she should probably make arrangements to avoid lateness or unexcused absences and assure the employer that she will take steps to avoid future issues, excluding medical emergencies of course (i.e. find a new repair shop, car pool, etc.... - many employers don't care and have no legal duty to care about any employee's personal issues which do not involve medically excused absences or requests for medical accommodations which are needed by that particular employee, if any).

posted by V Jonas Urba  |  Feb 19, 2020 3:46 PM [EST]

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