FMLA Guidelines Archives

Tardiness and PTO…can I get fired for this?

I was put on a final written warning at my job for tardiness and I was told that I absolutely could not be late at all for the duration of my final warning (which is 30 days). I was running late this morning and since my final explicitly states that I cannot be tardy, I used some of my PTO and called in sick. Well, my boss found out that the reason I called out wasn’t due to an actual illness but, rather, because I didn’t want to be tardy, and he told me that I was basically “trying to use the system to get around my final.” I honestly and truly did not think I was doing anything wrong in calling out because I have narcolepsy and I have documentation that says that I may occasionally be late to work because of it, but my HR department denied my FMLA so that documentation won’t save me. Long story short, I am absolutely terrified that I’m going to get fired tomorrow because of this, and I don’t know what to do. I mean, I didn’t have any other options and I panicked and now I’m terrified that I might have lost my job because I did something wrong that I didn’t even know was wrong. So I guess my question is: honestly, do you think I have a reason to be scared that I’m going to get fired? I really don’t need a lecture right now or anything like that because I’m already beating myself up enough so I don’t need anyone else to do that as well. I just need someone to give me some concrete idea of what I should expect. I understand that guidelines vary by company, but generally speaking, is this an offense that someone would probably get fired for? I appreciate any and all help right now. Thank you.

Why is our medical system so screwed up?

I worked for twc and got pregnant and had a miscarriage (my 2nd). They wouldnt approve me for fmla because i was 2 weeks away from my year, and i was out of sick and personal days because of the nausea and appts so i had to quit my job when they asked me to do a d&c the following day i found out my baby had no heartbeat at 12 weeks. Now i work for a place that doesnt offer ANY benefits and i want to try again but i cant. Why does no one see that people like me and my husband make enough money to live on but not enough to pay hospital bills out of pocket. there should be some kind of assistance for women who are pregnant and uninsured but dont meet income guidelines. this is bullshit i should move to canada.

Information regarding COBRA eligibility?

I was not rehired after my FMLA ran our at work. COBRA coverage runs over $800/month. The 65% reimbursement for COBRA applies to those employees “who lost their job through no fault of their own”. My ex-employer says that I do not fall under these guidelines, therefore am not eligible for the reimbursement. I cannot find anyone to help answer as to why I don’t qualify. Does anyone have answers for this problem?
I was on FMLA for a total of > 12 weeks, which is the maximum time in a one year period that the company has to hold your job for. Then they offered me a “medical leave of absence”, during which time I have been paying the full amount of premiums. After I was released to return to work (by my physician), I reapplied for another position and was not rehired, I assume for the high liability risk.
oh, and the company was not laying off, I was just not rehired
I could not return without my physician’s ok to return, but I think I understand what you mean. If I had been a loser, such as being late for work, poor work performance, missing work, going to jail, etc., and gotten fired, then I would have gotten rewarded with the reimbursement, right?

I live in Florida, I am aware it is an at will employment state. I am the understanding that an employer can terminate you for any or no reason, same for the employee.

However, I would like to know that IF that company has written guidelines the reasons that I was terminated. I signed a paper back in December that my production was a low and that they would review it again in 3 MONTHS. I was also terminated for attendance.. again there is a definite attendance policy previous and a new one to soon be announced.. so at the time of my termination i was in violation of either.

one other fact, my attendance was low. I was on FMLA intermitten leave which stated for fmla reasons that i missed work or left early they were in now way to count against ANY attendance. period.

I am wondering since they terminated me on “specific” reasons, do they need to proof to back that up.

also they backdated my termination date by two days before I was fired, due to me calling out sick the previous 2 days on illness related issues, I had plenty of sick and vaction time to use.

I have incredible back pain and take narcotic pain medication for it. I got FMLA for it, which my manager absolutely HATES it when I use that time to nurse my health
Yesterday he tried to put me on a probation level corrective action for a something that was ridiculous. My job performance is superb, my metrics exceed all company levels and I work well with the team around me. (the CA wasn’t regarding any performance guidelines)
I feel he is trying to punish me for taking my FMLA and I really truly feel like I’m being targeted.
So when they tried to deliver the CA I gave push back and told him that it was an unjust thing to do and I would need an HR rep in the office with us as a witness.
I went to work this morning and was confronted by HR and told that there are feelings I am a drug abuser and I needed to do a screen. I tested negative because I only take the pills when I need them, I’m not an abuser. This was VERY degrading and embarassing….can they do that without evidence

Do My Parents Have any Time Off Rights?

I am having a baby in December and my mom wants to be here. Are there any laws or guidelines (She lives in CA) that give her rights to time off? (Like FMLA or something) PLEASE HELP!!!!!

So my Dr just wrote a note for my work that says I can only work 1/2 days (4 hrs per day). Does my work have to follow the dr’s orders or can they just terminate my position? Will I qualify for long term disability? I am pregnant and have a heart condition, so I will eventually come back to work (10 months later). My company does NOT employee 50 or more employees so I am nervous that becuase they dont fall into the FMLA guidelines they will just terminate me.

My little boy is 7 weeks old. I took exactly one week off after my c-section and then went back to work. The standard time allowed to take off is 5 weeks, but I wanted to save it for when my son came home. I work for a very small company, only 4 employees. When my son came home from the hospital after 6 weeks (preemie) my boss told me I can have 2 weeks off and then come back. His reasoning is the 5 weeks is for physical recovery, and I chose to do my physical recovery at work. I’m pretty angry about that, despite liking my job in general. Since my co. has under 50 employees, I am not protected under FMLA guidelines. And even if I were, Texas law states that an employer doesn’t have to tell an employee why they are fired. Basically, if I don’t go back to work this Monday, I’m fired.

I just haven’t had enough time with my son! My boss acts like he’s been a saint all along, letting me have half days off here and there to meet with doctors, so I know more time off is out of the question! I’m seriously considering quitting and just being a stay at home mom for a while, but my husband is totally against it.

He thinks we’ll never make it on his income, which I know that we will, bc my dad makes less than he does and still has 3 kids living at home, 2 in college! They are also paying for a house and 4 vehicles and they make it! I told my husband that we will have to cut back a bit, but we’ll make it. He is upset, because he just got hired from a temp to a permanent positition with his company, with insurance, and we recently put a down payment with builders, and should close on a new home by November. He feels that all these good things are happening, our lives are finally in order, and now I am wanting to risk it all.

When I got pregnant, we both agreed that I would continue working, and he says it’s not fair for me to change my mind. Also, he works 12 hour days in the sun, and he thinks it’s unfair that he should have to do that with me not working at all.

When I go back to work, we will luckily have free child care. His mom and my mom have both refused any money and are dying to watch our son on alternating weeks, so I can’t use childcare costs as an issue. Also, his mom babysits other children, and my mom babysits my niece, so our son will be well socialized and cared for at their homes. Also, our son has no special needs despite being a preemie, so those are not excuses either.

One thing that’s not helping my case, is it just hit me today that I’ve got 2 days left of “freedom” before heading back to work. The past two weeks have been a blur of night feedings, exhaustion, playing with my Cooper, enjoying my time with him, and basically getting in the groove of things. I have not really straightened the house up or cooked a decent meal since the baby’s been home. Sad to say, the baby’s naptimes have been with me on Yahoo! Answers looking up questions about newborns! So I haven’t exactly acted the model housewife…

Any suggestions on getting hubby to come around? Or am I just being completely selfish? I just love my baby and don’t want to leave him! I would be working 42 hours a week, and cutting my hours at this particular job is out of the question. I could start looking for a part time job, but I would have to quit my job to look, as our lunch breaks are restricted to an hour, and that rule is pretty strict.

Thanks for any advice!

Hey ladies…

So my situation has gotten a lot better (Sarcasm!)…..

Yesterday I was told by my doctor that he would not release me for 6 weeks after the delivery of my baby, so that I could have my recommended amount of maternity leave and my work wouldn’t be able to hassle me about coming back to work (Since I won’t fall under the FMLA guidelines, the only way to get my leave is under doctor orders).

I went to talk to HR today and he said that he would work with me on it and allow me the time off when that time comes. My husband and I have set and induction date for June 10 but we aren’t telling anyone because of the problems I have been having at work about getting leave. We set the date so that he would be able to be here when the baby is born, since he’s due for annual training over my due date.

Well I went to talk to my MIL, who is my supervisor and she said that if I did not return to work after one week of my baby being born then she would fire me because since I dont fall under FMLA it would show that I did not want my job “bad enough” to return to work. She has become a super B*ITCH since my husband and I told her that she would not be watching the baby if I had to return to work for a day or two, which isn’t going to happen now due to doctor’s orders. Well she then stated that when her daughter returned to work after 4 weeks of leave, she got to keep the baby for 2 weeks…so now I find out the truth!! She keeps comparing me to her two daughters and I’m nothing like them and my pregnancy is DIFFERENT than their’s were…which is common sense. Well since I won’t allow her to keep my baby she has decided that if I don’t come to work then she will just fire me instead. You would think that since she’s my MIL she would be more worried about the health and happiness of her grandchild, but instead she is trying to force me into something that isn’t going to happen.

So I guess I will be fired if I take my 6 weeks, doctor ordered, leave once my baby is born…so here’s to happy job hunting!!
Thanks for all the advice ladies!

I called and told my husband about what happened this morning and he thinks she’s mad about not being allowed to have the baby whenever she wants.

I plan to just speak to HR about this from now on and only calling to let her know when I am in labor so she knows not to expect me back at work.

I will be job searching to find a new job because there’s no reason for the stress or the way she’s treating me.

I am just glad my husband is behind me 110%. He said that if I get fired then we’ll deal with it together and he also belives that its illegal for them to fire me under dr ordered leave.

Thanks…I’m sure there will be more to come since I’m only at 25 weeks today!

My sister has cancer and in the last stages. ?

I applied for Family Medical Leave Act (FMLA) at work. But was told that she didn’t fall under FMLA guidelines. I take her to doctor appointments at least twice a week. She is on chemo and with that she has to be monitored she is always sick afterward. Can anyone help me out on this. There’s got to be something in FMLA guidelines that will allow me to take care of an ailing sibling. She is still my blood relative. What’s the purpose of having this law if it doesn’t pertain to everyone in your immediate family other than the obvious son, daughter or parents.

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