October 2013 Archives

The Railroad Can't Discipline You for Following Doctor's Orders

kutzman-smallOn September 27, 2013, the U.S. Department of Labor Administrative Review Board confirmed that railroads can't legally discipline employees for missing work on the orders of a treating physician, even if the treatment is for an off-duty injury. The decision apparently impacts railroad attendance policies like BNSF's "availability" policy, which BNSF claims applies to all absences, no matter how medically legitimate or unavoidable.

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