District manager Keeps contacting me to go to work

[Miller M2]

Jurisdiction

Arizona

Hello All. Past Sunday I woke up having this ear pain, with fever, and a bad headache. Later on that day (my day off) I texted my district manager "just a heads ups I woke feeling sick, ear pain, headache, fever" he did not reply. Next day Monday I went to work at (I am a General Manager For a restaurant) 5am. Still with the ear pain, etc. 3 hours later my district manager showed up and I explained that after getting off work I will be seeing a doctor. He told me I was able to leave early so I left 30mins before my shift ended. I saw a doctor and got my self some prescription pills. And excused from 7/31/23 till 8/3/23. Now as soon I got the excused doctors note I sent him the note he quickly CALLED me back saying that I needed to show up to work to do paperwork, and I explained to him that I was not feeling well at all that both ear pain, headache are pretty bad, (ear infection).. we went into a back and forward over the phone that he was telling me that I needed to go in to do inventory count because I know the store better than him and that it was a really important day and for me not to show up is no good. So I told him "what about my health?" Isn't important?" He just laughed and said "yes" but this is a big day and you must go. So I said "look I will go but you forcing me to go and I feel unwell, sick" so we both went in there before the Restaurant opened (3am) me with barely any sleep because of the dam pain… so I did the dry inventory it took me 2 hours. And he did the frozen and refrigerated count and took him 1.5 hours. Then he said I don't need you any more go home now get rest. (Not firing me tho)… so today 2 hours ago he sends me another text saying if I was going to go in to process some paperwork store managers have to do every Thursday before 10am. Honestly I just woke up swing this text. And it just irritates me seeing my district manager with this approach and mostly because him as my manger he knows how to do it, he sometimes does that for me when I'm short handed and he goes in and get it done in 20 mins. So I don't know why he expects me to go in when his duties are to cover for any manager not able to do their jobs for any reason. I haven't replied back yet. But I just wanted to stop by and post this because like I said I'm excused until 8/3/23 and I think he just being unprofessional and an a-hole. Since I been working with this company I haven't called off at all but now that I'm sick I feel like I can't even mentally rest because I MUST be there even if I'm dead? Wtf!


What your guys input on this. Because if I get fired I believe is unethical and should be consequences because of it. And honestly I can't even go outside because with this sun at 109 degrees makes my headache worst pretty bad! I'm here in my apartment on dark mode trying to heal. But Jesus Christ this district manager wants me to go to work even knowing that I showed him the doctors note.


Thanks for reading! (Sorry for any typos)

 

[cbg]

Unless FMLA is involved, a doctor's note holds no force in law.

So let's see if FMLA is even a possibility.

How long have you worked for this employer?
How many employees does this employer have within 75 miles of your location?
In the last 12 months, have you worked a minimum of 1,250 hours?

Let's start with this. We can determine whether or not this was an serious health condition under FMLA when we know if FMLA is up for grabs.

 

[Zigner]

Unless FMLA is involved, a doctor's note holds no force in law.

So let's see if FMLA is even a possibility.

How long have you worked for this employer?
How many employees does this employer have within 75 miles of your location?
In the last 12 months, have you worked a minimum of 1,250 hours?

Let's start with this. We can determine whether or not this was an serious health condition under FMLA when we know if FMLA is up for grabs.

Let me ask for clarification on behalf of the OP.
Late last year, the OP was speaking of moving to Arizona, which puts him at less than 1 year, however, with the mention of a district manager, it's possible that the OP transferred from one location to another while remaining employed by the same company. Would that count as working for the same employer for over a year?

 

[Miller M2]

Unless FMLA is involved, a doctor's note holds no force in law.

So let's see if FMLA is even a possibility.

How long have you worked for this employer?
How many employees does this employer have within 75 miles of your location?
In the last 12 months, have you worked a minimum of 1,250 hours?

Let's start with this. We can determine whether or not this was an serious health condition under FMLA when we know if FMLA is up for grabs.

I been employed since November 2022. Working hours 48 per week, on salary. First time getting sick and first time providing a doctor's note for this company. This company owns 55 restaurants Is not McDonald's but the other one…lol. I currently have 20 employees on this restaurant including myself.

 

[Miller M2]

Let me ask for clarification on behalf of the OP.
Late last year, the OP was speaking of moving to Arizona, which puts him at less than 1 year, however, with the mention of a district manager, it's possible that the OP transferred from one location to another while remaining employed by the same company. Would that count as working for the same employer for over a year?

Thanks for your reply… I am working for a different company.

 

[cbg]

Unfortunately, if you have only been with your current employer since November of last year, FMLA does not apply. Which means that the doctor's note holds exactly as much weight as the employer wants it to. If the employer chooses to ignore it, there's no law that's going to tell him he can't.

I think your employer is appallingly short sighted and I wish I could give you a different answer. But on the facts you have posted he is not acting illegally. Unfairly and unethically, possibly, but not illegally.

 

[CommonSense]

Arizona does have paid sick leave provided at the rate of 1 hour for every 30 hours worked (not to exceed 40 hours used in a given work year) as part of their "Fair Wages and Healthy Families" act. The only limitation employers can implement is a 90 day waiting period which it would seem the poster has satisfied. Obviously, I am late to the game, but if the poster is still dealing with this concern from the manager, it may be helpful for them to review this link: 08-12-21 FREQUENTLY ASKED QUESTIONS RE COVID-19_MasterwTOC FINAL.pdf (azica.gov).

With that said, the eligibility to be absent may require following reasonable employer policies that are consistently and fairly implementing (such as providing medical documentation, following an absence request protocol, etc). We also do not know how many times the poster has already been absent citing medical reasons, so the availability of such leave benefits may be limited or non-existent depending on that answer.