Asklemmy

43917 readers

1606 users here now

A loosely moderated place to ask open-ended questions

Search asklemmy 🔍

If your post meets the following criteria, it's welcome here!

Open-ended question
Not offensive: at this point, we do not have the bandwidth to moderate overtly political discussions. Assume best intent and be excellent to each other.
Not regarding using or support for Lemmy: context, see the list of support communities and tools for finding communities below
Not ad nauseam inducing: please make sure it is a question that would be new to most members
An actual topic of discussion

Looking for support?

Looking for a community?

Lemmyverse: community search
sub.rehab: maps old subreddits to fediverse options, marks official as such
!lemmy411@lemmy.ca: a community for finding communities

~Icon~ ~by~ ~@Double_A@discuss.tchncs.de~

founded 5 years ago

MODERATORS

386

Wife's boss is on a power trip. Is this legal? (lemmy.studio)

submitted 1 year ago by neocamel@lemmy.studio to c/asklemmy@lemmy.ml

149 comments fedilink hide all child comments

My wife works in a restaurant, and the power-tripping manager has instituted a new policy where all shift changes must be approved by management. I think that is reasonable enough, but they're also asking the originally-scheduled employee why they are switching shifts, then approving or denying based on the answer.

For example, her coworker (Tom) wanted Monday afternoon off, and Harry agreed to cover the shift. The manager asked Tom why he wanted Harry to work for him, and Tom said, "I have a softball game." Manager denied the shift change because it was "unnecessary".

Is this legal? I feel like if you're able to find someone to cover your shift, you don't owe management any explanation why you need the time off. How should my wife approach this situation? Colorado, USA BTW.

you are viewing a single comment's thread
view the rest of the comments

[–] Ghostalmedia@lemmy.world 9 points 1 year ago* (last edited 1 year ago) (2 children)

That would be a violation, but it is perfectly m legal to ask if someone is going on generic “sick” or “medical” time off or leave. Every company I’ve ever worked for has had be declare my PTO as sick leave or discretionary time off. And the latter is what it means, it’s at the discretion of the manager to approve it.

[–] zalack@kbin.social 3 points 1 year ago (1 children)

Sure, but that assumes this manager would be happy with generic "medical stuff" as an answer...

[–] Ghostalmedia@lemmy.world 5 points 1 year ago* (last edited 1 year ago)

Worst comes to worst, they could ask for a doctor's note. And doctors notes are always pretty generic and basically say "yup, they can't work." But if the manager does ask for Dr's notes, they need to apply the policy equally to all employees.

It's usually a HIPAA violation if an employer asks for specifics about a medical issue.

Source: I'm a people manager who has had to go through a bunch of trainings about these laws.

[–] Slatlun@lemmy.ml 1 points 1 year ago

Sorry but most restaurant work doesn't come with paid time off or sick leave. You either work and get paid or don't work and don't get paid.