What Is No Call No Show?
The no call no show policy in your employment contract states that if you miss a scheduled shift without notice, you can be fired. This means that if you cannot show up for a shift, you must call your employer to inform them.
Most jobs require employees to give as much notice as possible or find their own replacement if they cannot show up for work. If your job is short-staffed, try to speak to your employer about hiring more temporary workers to prevent scheduling conflicts.
Also Read: Employment Contract Lawyer Tips & FAQ
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. Employers may report a late shift as a no call no show, so always call as soon as possible. If you can’t come to work, try to find someone to replace your shift before you call in.
If you’re within your 90-day probation period, your employer does have grounds to fire you for not calling.
You can still be fired even after your probation is over. It’s less likely that you will be fired after probation, but it can still go on your employment record.
Bad employers write even expected absences as a no call no shows to terminate an employee. But how can you legally fight against this? What are your rights as a good worker?
Also Read: Unlawful Termination: Can You Sue Your Boss?
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 time off for:
- Childbirth and the initial child care.
- 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. You will not receive pay during this period, but your job is protected. You are legally entitled to this time off if you meet all other requirements. You also have additional access to your state-regulated sick leave. For more information on the Family and Medical Leave Act, and to see if your state has sick leave, check out our article below.
Also Read: Understanding How Sick Leave Works
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 when you’re sick. If your employer insists you come in, remind them that both employees and customers will be at risk. You also have the right to unpaid time off if you require it.
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.
Forcing an employee to come in while they’re sick puts everyone from other employees to customers at risk of infection. Legally, you have the right to time off if you’re sick. You also have the right to call out your employer for creating an unsafe environment. If you want legally protect yourself, or take action against your employer, call a lawyer. A lawyer can help you get the compensation you deserve.
My stepdaughter has given one week notice that she needed a day off to be with her kids as both sitters,( nana & Papa) have appointments in another city 90 miles away, the employee that took over the shift , backed out 1 day prior to the shift, I believe it is the “cover” person that is now liable for that shift. Thank you
James