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asepossible firing due to hospitalization and surgery

Discussion in 'Medical Leave & Disability' started by ddduncan80, Jul 18, 2014.

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  1. ddduncan80

    ddduncan80 Law Topic Starter New Member

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    I was hospitalized for 4day and had to receive a blood transfusion. The manager told me if I was absent more than 5 day it would have to be filed as a leave of absence. When I was released from the hospital I was place on bed rest for a week. When I went back to work I asked if I had an occurance to sign for being gone. I was told no. My work is based on compliance. I missed June's numbers by 440. But I didn't get a write up for that or missing days. Then I find out I have to have surgery and will be on bed rest for 1 month. I filled for leave of absence.
    Today I requested a print out of my occurances. It shows 4. I knew of the 3 but they also gave me one for the time I was in the hospital. I talked to HR and was told even when you have Leave of Absence you get an occurrence. But in March I had to use 1week leave of absence and didn't receive an occurrence. After 6 occurrences you get fired. Is it lawful for them to give me an occurrence when I have been approved for leave of absence? I am not eligable for fmla until September and the surgery cannot wait that long.
     
  2. disagreeable

    disagreeable Well-Known Member

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    Absent FMLA status, they can fire you at will. The issue here is whether you qualify for UI based on them not following their policy.
     
  3. Proserpina

    Proserpina Moderator

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    And, it is a myth that you cannot be penalized if you have a doctor's note or instruction. You can. If you file for UI, there's a better-than-decent change that it will be denied based upon you being unable to work.

    Still, you can apply - that's the only way you'll find out for sure.
     
  4. Betty3

    Betty3 Super Moderator

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    Based on your post, I don't see where your employer did anything illegal. Sorry.
     
  5. army judge

    army judge Super Moderator

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    Gonna spit a lil rhyme
    'Cause I got some time
    If your health needs mending
    Better to that you be attending
    FMLA ain't gonna save your bacon
    If the boss decides your job she be takin'
    So get your damaged carcass repaired
    Full speed ahead, no expenses spared
    It's you that needs fixin' here Duncan
    With your health doncha be monkeyin'
    Relax your mind and let yo' body heal
    Get well soon I done squeal.


     
    Last edited: Jul 19, 2014

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