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SA
2305-202-98 - Huron Valley Schools
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| Issue: | Termination - failure to report to work for more than three consecutive days? |
| Result: | The
grievant worked as a custodian. During her work shift, she experienced breathing
problems and was taken to the hospital and admitted. Thereafter, her husband
called the employer with her status on several occasions. About a week later,
the employer inquired whether the grievant had a preference for summer shift.
Some three weeks later, the doctor released the grievant to return to work.
She had not been asked to provide medical documentation up to that point
and had provided nothing but telephone updates. The Employer terminated her employment concluding that she had been absent for more than three consecutive days without notification. The notice of termination noted "there has been no documentation from a medical facility indicating that you were not able to work." Immediately upon receiving the notification, the Union provided the employer with the medical certificate to return to work. The employer declined to accept the medical certification or rescind the termination. The Union argued that the employer was fully informed of the reason why the grievant was absent and knew that she would not be returning to work until she obtained a doctors release. Under normal circumstances, a protracted period of illness does not require constant contact with the employer as to status. The Arbitrator concluded that the grievant, an employee with substantial seniority had been off sick and disabled with an anticipated date of return. She and her husband had seen that the employer was kept up-to-date and made aware of the fact that she could not return until the doctor released her. The employer made no objection, asked for no further notifications, and set no schedule for reporting. The grievant had every right to believe, under the circumstances that her job was protected and that she had done everything that was reasonably necessary to keep the employer informed. It was the arbitrator's opinion that if the employer had any doubts at all, they should have contacted the grievant to resolve it. The arbitrator concluded that the employer's actions were very precipitous and unreasonable. The grievance was sustained. The grievant was reinstated with back pay for loss of wages, etc. |
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