This is direct from Federal Regulations.
1.) Push the suspension/termination to it's limits.
2.) IF "fighting" a termination in regards to this law, expect a lengthy discharge.
3.) Expect a "huge" sum of back pay PLUS re-reinstatement.
4.) Call in sick whenever necessary.
[Code of Federal Regulations]
[Title 49, Volume 4]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR392.3]
[Page 1066-1067]
TITLE 49--TRANSPORTATION
CHAPTER III--FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION,
DEPARTMENT OF TRANSPORTATION
PART 392--DRIVING OF COMMERCIAL MOTOR VEHICLES--Table of Contents
Subpart A--General
Sec. 392.3 Ill or fatigued operator.
No driver shall operate a commercial motor vehicle, and a motor
carrier shall not require or permit a driver to operate a commercial
motor vehicle, while the driver's ability or alertness is so impaired,
or so likely to become impaired, through fatigue, illness, or any other
cause, as to make it unsafe for him/her to begin or continue to operate
[[Page 1067]]
the commercial motor vehicle. However, in a case of grave emergency
where the hazard to occupants of the commercial motor vehicle or other
users of the highway would be increased by compliance with this section,
the driver may continue to operate the commercial motor vehicle to the
nearest place at which that hazard is removed.
[35 FR 7800, May 21, 1970, as amended at 60 FR 38746, July 28, 1995]
I know why the policy is in place. It's to keep people from calling off every Friday or Monday.
I went round and round with the regional HR guy about how it is against the law to punish a commercial driver for refusing to operate a commericial vehicle when that driver is fatigued or ill. I showed him the regulation and the workplace law.
It went nowhere. I was told that's the way it is and no one has ever been fired for attendence points.
Guardrail