Duty to act laws? - Page 2

Tough one Mel.  You should have called out sick.  In NJ it's illegal to ask what your illness is due to HIPA laws.  Some departments make you see the city doctor the same day you called out.  Family first!  Do you live to work or work to live? Does your job define who you are?  Now you know how your job and supervisors feel about you.  I personally would not voluteer for a single post again.  I would do my job to the best of my ability and keep it moving once my tour has concluded.  Maybe this is the motivation you need to do a more serious search into what is out there.

Kyle

Unfortunately, regardless of how much all of us understand the situation and would have done probably the same thing, employers are certainly NOT obligated to give you slack for absence unless there are absence policies in place that, as Bob-O mentioned, spell out exactly what is and is not an excused absence. I can guarantee you that in most companies, though you might get sympathy, a veterinary emergency would not be considered an excused absence. If you had sick time to take, it might have been good to call in sick. And I also assume you did notify them?

In any case, in many states the laws are on the side of the employer. For example, in my state one can be terminated (fired) for ANY reason at ANY time WITHOUT explanation. There are few employers to whom this does not apply and the large majority to which it does apply. Is it right? Depends I suppose on ones' perspective, whether employer or employee.

As someone else has noted, focus on the good thing and that was your dog was saved. Most bloat cases are not saved despite heroic and expensive attempts.

Typical mid-level management drone decision in the US.  Ironic that these are the same companies crying that they can't get and retain good people.

as stated if there is no differenciation between absences then that's that. however, if they do differenciate and they don't excuse it, then you have to ask yourself ,is one absence worth the problems it could cause? (you may win this issue, but supervision may target you and find any and every reason to fire you) you obviously don't have a problem not showing up for work so i doubt it will hurt you in the long run. i would let the union handle it from here and let that be it. (i'd advise you to take it as far as you could if it was a matter of you lossing your job, but such is not the case.)

however, i would do as suggested and get all the legal information on the subject of providing proper pet care and the reprocutions of not doing so. then if a similar matter comes up i'd take the vet excuse along with any printed legal info. on the subject and give it all to your supervisors and let them know it was a life or death matter for your dog and that had you not done this that you would have been criminally responsible. that's should take care of the problem. and if it was a matter of you being fired so to frequent absences then i would also mention (at the proper time) that the issue would be made public via the news channels in your area. amazing what the treat of a  little bad PR will do.

by the way although i don't call myself an expert i too am a union member and i have both  foreman and steward experience.

Thanks I appreciate everyone's replies, even the devils advocates POV.

Let me try to answer some questions...

The county does have strict time and attendence poilcies but some discresion is allowed  (ie detour, human emergency, accident etc.)  I do not know exactly what the policy states, I will try to get it from my steward.  My point is that I am excused if I bring in proof there was an accident and I got detoured but I'm not excused if my dog is dying?

The disciplinary action for time and attendence is oral-written-suspension-fire...this for me is an oral.  The time and attendence violations are all lumped together...so if I forget to punch in tomorrow I would go to the next step.  I have to have no violations for 1 year in order for ONE to drop off...so if I forget to punch in 11 mos from now the clock starts over.

To the devils advocates, I was thinking by showing the state law on neglect (failure to provide needed medical care) that would trump any attendence policy.

Apparently honesty is not the best policy, I probably would have been better off totally making something up...but there is also a policy about calling in 1 hour before scheduled start time and I was already within 1 hour when this occurred so that wasn't an option.

Also my employer requires a DR. note for anyone who calls out sick more than twice in a year.

My steward is filing a grievence, which is the next step.  Management does not negotiate beforehand...it's discipline now talk later. 

Two moons said [[How are your dogs getting bloated?]]

My bitch is genetically predisposed (sister and father died of bloat) and I am always very careful about not mixing food-water-excersise.  Due to my schedule that day their meals were a little closer together than normal, but I only feed her 1.25 cups at a time so it still shouldn't have been an issue.  It is possible she got into some other food, they have been thieving alot lately (loaves of bread off the counter and stuff)...I didn't notice her drink and excessive amount of water but it was freely available.  The excersise issue...Now, I always let them out to go potty before I leave for work...sometimes they bark a little...if there's something across the street it will persist.  It never dawned on me that this is enough activity to cause or contribute to bloat and be the "excersise" part of the equation.  Now I do.

Thanks everyone,

Melanie

Oh and she also is a gulper, she inhales her food whole.

Some does, especially those with family history, just go ahead and bloat no matter how careful you are. I lost a female (Aderl Kleinen Pfahl dgtr) in less than 30 min after feeding. The autopsy revealed less than a cup of food in her tummy.

I'm just relieved you were home and able to catch it in time!

SS

Thanks Shelley, so am I.

Here is a link to the PA law that an officer from the humane society sent me http://members.aol.com/StatutesP7/18PA5511.html

Thanks Vickie

I'm glad that Chili made it through and is doing OK>

Sucks that you have to go through this.  I guess next time call out!  But, you did have that within the hour thing too.

How frustrating though, I know that I would be very POed had the same happen to me.  Which is did and I couldn't go to work the next day and went in late the day after that.  Lucky for me, I work in the field. 

 GSDfan,

While I would have done the same thing you did, the fact remains that an employer is under NO obligation to be humane or compassionate. Not at ALL! This is something none of us may like or agree with, but it is life. In fact, before the Family Leave Act, which specified certain medical conditions related to family members and which, when properly documented would require a company to act in certain ways with an employee in such a situation, the laws have been very unsupportive.

Unfortunately, consequences are consequences, regardless how unfair they may seem. I don't know you, nor do i know your work history, so I will take it at face value that your work and attendance is as you state. None the less, the company is under no obligation to spare you, even for such a seemingly important emergency, nor is there any such thing as a "duty to act" in any animal welfare situation.

I have been mired in similar situations before. My suggestion would be to try, in a non-combative manner, to ask for leniency due to this situation, providing all appropriate information to support your case. If you loose, then get back to work, without rancor and make sure you have no more episodes in the time frame of interest. If you cannot do this, then it might be a great idea to start looking for another job.

Compassion is wonderful when companies have policies that demonstrate it. But it can also backfire on companies because who is to say that someone feeling their pet lguana needs emergency treatment and ending up in the same boat? I don't particularly like it, but when rules are made, unfortunately all too often they are made to prevent abuse. Sometimes situations that were not meant or intended to be abusive of a certain policy end up seeming like they are. Companies make policies to handle such situations. And, in my opinion, unions are part of the problem.

Good luck and again, be glad that you caught this in time to save the dog.