Mandotory extra days for call out?

UPDATED: Sep 30, 2022

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Mandotory extra days for call out?

So I reside in Florida and when I first
started at my job they gave us 2 days a
month we could call out with no
problem. But recently they made a new
rule due to ‘excessive callouts’ where
if you call out one day you must pick
up two extra shifts that week.
‘Regardless of why you are cancelling’
so I’m assuming they mean even if you
have a doctors excuse. Well I had to
call out today to go into the hospital.
I’m afraid they will fire me if I
decline to work extra shifts. Is what
they are doing legal?

Asked on August 6, 2016 under Employment Labor Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

It is completely legal. An employer is not required to allow call-outs at all: that is, an employer could make it the rule that if you miss work for any reason, even illness, that you will be terminated (or otherwise disciplined at their option: e.g. suspended, pay or hours cut, etc.) unless you used earned paid time off (PTO) to cover the absence or unless the employer was covered by, you were eligible for, the absence warranted, and you properly used Family and Medical Leave Act leave.
Since the employer does not need to allow you to call out, they can put requriements on it--such as that if you call out, you then have to make up extra time. Of course, if you are hourly, you will be paid for that time, so there is some upside to it.

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