What Is No Call No Show?
The no call no show policy in your employee contract states that if you miss a scheduled shift with no notice, you can be fired. This means that if you cannot show up for a shift, you must call your employer to inform them.
In jobs where the position requires a substitute such as a teacher, cook, cashier, it’s vital you call your employer. This is why the no call no show clause of an employee contract can have serious consequences.
Most jobs require employees to give as much notice as possible, or find their own replacement if they cannot show up for work. Since most low-income or temporary jobs, employers will normally hire 10 to 20 percent more employees than needed. This way, there should always be another employee to replace you. If your job is short staffed, try to speak to your employer about hiring more temporary workers.
What If I Can’t Come Into Work?
If you cannot show up for work or will be late, it’s best to call your boss right away. Some employers may use the no call no show clause if you are late, so it’s always best to call. If you can’t come into work, try to find someone to replace your shift. It’ll be easier for you and your employer if your employer doesn’t have to worry about finding your replacement. In turn, you’ll look good for taking initiative.
If you’re within your 90-day probation period, your employer does have grounds to fire you for not calling. Not only will you lose your job, you’ll put your co-workers in a stressful situation.
If you do not show up for your job without warning after the 90-day period, you can still be fired. It’s less likely that you will be fired after probation, especially if you’ve proven you’re a good employee. However, it can still go on your employment record. This is why you should still give your employer the courtesy call, even if it’s an expected emergency.
There is an exception to the no call no show clause in employment contracts. This allows employees to have job protection if they need time off for medical reasons.
The Family and Medical Leave Act (1993)
The Family and Medical Leave Act allows medical leave for any employee who requires time off for family issues. This means that employees can have 12 weeks of unpaid job protection if they need time off for:
- The birth and care of their child
- Placing a child into adoption or foster care
- Caring for an immediate family member with a serious health condition
- Medical leave if the employee is unable to work due to a serious health condition
This act grants job security for up to 12 weeks. However, you will not receive pay during this period unless stated otherwise.
What If I’m Being Forced to Work?
The CDC asks that any employees working in sensitive environments should stay home if they’re experiencing flu-like symptoms. This means if you work in places such as healthcare or food service, it’s best to stay home. If your employer is insistent that you come in, remind them that other employees and customers will be at-risk.
If your employer threatens to fire you, remind them that you have a legal right to protect everyone from infection. Far too often, employers take advantage of the no call no show clause if an employee falls ill. If you’re experiencing this type of workplace abuse, call one of our Premier Partners who specialize in employment law.
Free legal advice is just a call away. Don’t let employers take advantage of you, or put others at risk if you’re sick.