Tolling a statute

[gw88]

If a person with a legal disability suffers a serious flare up from that disability and fails to meet the time constraints for calling in sick to work because of a serious medical condition. Should a similar law like "tolling the statute of limitation" apply to allow that person extra time to report his absence because at the time he was unable to do so. Do such rules apply to company rules and regulations. The disability was well known to the employer, and it was the only occurance of such need. Can you refference a case where this happened? The Person was dismissed for only calling in the first day of a four day absence and made the case to the employer at the first possible moment that it happened because of medical reasons. The company carries a general rule of progressive discipline and the employee had model behavior and performance since his employment began four years prior.

 

[army judge]

If a person with a legal disability suffers a serious flare up from that disability and fails to meet the time constraints for calling in sick to work because of a serious medical condition. Should a similar law like "tolling the statute of limitation" apply to allow that person extra time to report his absence because at the time he was unable to do so. Do such rules apply to company rules and regulations. The disability was well known to the employer, and it was the only occurance of such need. Can you refference a case where this happened? The Person was dismissed for only calling in the first day of a four day absence and made the case to the employer at the first possible moment that it happened because of medical reasons. The company carries a general rule of progressive discipline and the employee had model behavior and performance since his employment began four years prior.

If you failed to adhere to a rule, such as reporting an absence, you have no defense.

If you had been hospitalized and incapacitated, an employer might consider proof of such a medical disability and reconsider any adverse personnel action.

Absent such a situation and proof, you're probably SOL!!!

 

[gw88]

Hypothetical; If the employee was a city fireman and the same city police had done a welfare check on the employee and reported back to human resources that the employee was very delusional and in a psychotic state of being, not at all himself. Would that be enough to conclude the employee's condition and absence was reported? Even though the request for time off had not been made directly by him, it was made known and then covered up for the purpose of getting rid of a bipolar employee. As opposed to say fitting him in to another position with reasonable accomadations.

 

[army judge]

Your "hypo" makes no difference.
An employer has no legal duty to check on the welfare of employees.

But, why not discuss your case with a local attorney.
The initial consultation us normally provided gratis.

 

[gw88]

If you failed to adhere to a rule, such as reporting an absence, you have no defense.

If you had been hospitalized and incapacitated, an employer might consider proof of such a medical disability and reconsider any adverse personnel action.

Absent such a situation and proof, you're probably SOL!!!

Actually the FMLA provides an employee reasonabe time to report the leave request despite company call in proceedures if there is unusual circumstances and the employee reports the need for leave as soon as it is practical and possible. It has to be a FMLA qualifying situation. This includes things like car crashes, heart attacks and mental illnesses to name a few. The circumstances will be reviewed on a case by case basis by FMLA enforcment.
There is also some good faith considerations given elsewhere to an employee especially when that employee has been faithful and reliable at the work place

 

[army judge]

Actually the FMLA provides an employee reasonabe time to report the leave request despite company call in proceedures if there is unusual circumstances and the employee reports the need for leave as soon as it is practical and possible. It has to be a FMLA qualifying situation. This includes things like car crashes, heart attacks and mental illnesses to name a few. The circumstances will be reviewed on a case by case basis by FMLA enforcment.
There is also some good faith considerations given elsewhere to an employee especially when that employee has been faithful and reliable at the work place

Great, I guess.

You don't need to convince anyone on this forum.

Your time is better spent convincing your employer to listen to your legal reasoning.

I gave you my understanding.

I'm a nothing in this matter.

You need to convince the people that ruled against you.

Take that "sweet stuff" you think will help you to them, the all powerful "WIZARDS OF OZ", I'm a useless twit at this point!

 

[gw88]

Don't be silly I am involved with this matter personally so if I am not as pesimistic as you it merely reflects hope in my reasoning. I really appreciate your help! I know it is from experience, which, I have little of concerning these things. Maybe I believe a blind pig can find a truffle and there is a truffle. Thank you

 

[Patricia_Young]

OP, your reference applies to requesting the leave to START with, not the ongoing company requirement to call in when you're going to be absent. In this case, I agree with Army Judge.