Q: Can I be punished for calling out sick with COVID and using PTO if I informed work 2 hours before my shift?
I had to call out of work because I tested positive for COVID and had a fever of 101.5 degrees. I informed my employer two hours before my shift because I was experiencing symptoms like shortness of breath and light-headedness. I sent them a picture of my positive test as requested and used my PTO to cover the missed days. Although I got coverage for my shifts, I received write-ups for calling out. The company policy states to call at least 3 hours before the shift if unable to attend, and using PTO should be fine. This policy was communicated by the GM and I’ve rarely been late before. Can I be punished under these circumstances?
A: Sadly yes. You failed to honor the time limit. The Company is being unreasonable but they have their regulation to back themselves up.
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A: I note counsel's points below. I would also be curious if your illness was more serious than a simple bout of COVID. For example, if you have underlying disabilities like COPD or Asthma that were aggravated or exacerbated by COVID, also did you need to seek Family Medical Leave if you were eligible (serious health condition) and did the employer discuss this with you if you had a more serious condition. There could be avenues for relief if the employer had prior knowledge of serious or disabling underlying conditions, such as those notes above or health concerns like High Blood Pressure, COVID long haul symptoms, etc. that were negatively impacted by the bout with COVID. Other questions would be how long you were out for on leave due to the COVID symptoms if there were underlying health issues and how did the write ups affect your position. All questions you may want to consider and speak to an attorney about. For this reason, it may be prudent to seek a consultation to answer these questions IF the COVID issues was not more than a brief illness. I wish you well.
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