Local lawyer weighs in on new sick day policy for Roanoke City bus drivers

Many have questioned the new policy for school bus drivers in Roanoke City.  WSLS 10 reported Monday that Superintendent Rita Bishop called a meeting to discuss the sick policy with drivers.  Basically, drivers will now be required to have doctor’s notes if they call in sick, and may even have to sit at home by the phone in case managers call to check-up on them.

The reason behind all of this is that there have been days where 25 percent of drivers didn’t show up to work and they don’t want that happening during SOLs.

Some wonder if the new policy is legal so WSLS 10 checked it out.

The news that Roanoke City school bus drivers have to follow new sick day requirements got Woods Rogers Labor Law Attorney, Victor Cardwell’s attention.

Cardwell says, “I thought to myself interesting that they would ask people to give doctors note after one day of sick leave… interesting that they would ask them to stay by the phone but under these circumstances probably appropriate, certainly not illegal and probably appropriate.“

Appropriate because the school system says it has to be able to rely these drivers and not just because it is SOL season.

Curt Baker, Deputy Superintendent of Schools says, “I want parents to feel comfortable that the school system is doing everything it can to make certain.. children are picked up on time.“

Some bus drivers tell WSLS 10, morale issues over new school bus management coming in next year are part of the reason for so many people calling in sick..

Cardwell says, “Fundamentally, it is a two way street the employer hopes its employees will use this leave in the appropriate fashion… for wellness to recover from an illness not to send a message.“
The message is clear for bus drivers and while some may think that sick day is your benefit to do with as you please, Virginia law doesn’t back that up.

Cardwell says, “The employee is right it is absolutely their benefit but it is not theirs alone it is one the employer provides too because again they are getting paid for that time off.“

So whether it is Roanoke City school bus drivers or any other employees your boss can make policy changes to try to keep buses or business running normally.

As long as you treat a group the same across the board there is no violation.  If you are wondering how “HIPPA” factors into this - it doesn’t.  HIPPA regulations only apply to health care providers and insurance companies and the patient information they can and cannot share.