Written up for call offs

[nuttynurse54]

I have had health issues recently that have caused me to miss work. Although I have supplied doctor's notes showing that I have had these issues and appointments, my employer wrote me up for missing work and is threatening to terminate me. It is not a disability issue, but it is related to my health. Is there any legal recourse I can take in the event they do fire me for this?

 

[cbg]

Based SOLELY on the information in your post, no. It is a myth that an employer cannot write you up if you have a doctor's note.

How much work have you been missing, how long have you worked for this employer, how large an employer is it, and what is the health issue?

 

[nuttynurse54]

I have worked for this employer for 3 years, it is a corporation that staffs medical personnel in correctional facilities. I have had fibroid tumors and have been on multiple different medications including low-dose chemotherapy. Between the chemo making me sick, it has also caused severe dental issues and I have had numerous dental abscesses and ultimately ended up having 13 teeth pulled.

 

[Proserpina]

Nurse, you really need to answer cbg's questions - she's asking for a very important reason

 

[Betty3]

You really need to answer all questions asked. cbg is trying to determine if maybe you qualify for any job protected leave. Thanks.

 

[nuttynurse54]

I responded below this post, sorry first time user here. Repeat of post below: I have worked for this employer for 3 years, it is a corporation that staffs medical personnel in correctional facilities. I have had fibroid tumors and have been on multiple different medications including low-dose chemotherapy. Between the chemo making me sick, it has also caused severe dental issues and I have had numerous dental abscesses and ultimately ended up having 13 teeth pulled.

 

[Proserpina]

The number of employees - that's what I think we're getting at

 

[nuttynurse54]

We have over 50 employees, but I was told that my medical issues did not qualify for FMLA because they are not chronic.

 

[lda01]

OP: Most employers will have an attendance policy in their handbook that will state that abenteeism may be cause for dismissal. If your issues do not qualify for FMLA, then you might indeed be terminated for a policy violation or Employee-At-Will. The qualification for FMLA often hinges on the Medical Certification your health care provider supplies to your employer. Your recourse would be to share this form with an attorney or the EEOC office for an opinion its merit.

 

[Elle]

Dental work very rarely qualifies as FMLA. Having teeth pulled would not qualify.