asepossible firing due to hospitalization and surgery

[ddduncan80]

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.

 

[disagreeable]

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.

 

[Proserpina]

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.

 

[Betty3]

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

 

[army judge]

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.

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.


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