Hi,
I live in New Hampshire and work in MA. I am a city employee and have been employed here for 6 years. In Sept, we received a new Administrator and she has never been very fond of me. I had a child 16 months ago, and he is constantly sick, he has had 11 ear infections, 4 stomach viruses (1 of which I senty him to day care anyway, but had to pick him up early 3 days), and Rosiola. Which means since I have had him I have been out sick 17 times either for myself or him. Actually 3 or 4 of those days weren't sick days, (ie..car accident, automobile problem, lack of day care, and a snow day.) but because they weren't pre-approved I had to use sick time.
In Oct, my new boss, spoke to me about misuse of lunch time, I have always had an hr, but there is memo in my file to the HR dept, regarding a rate increase (from 2001) that states I am only supposed to get 1/2 hr. Apparently my boss has written me up and never told me for that incident. Her wirte up was incorrect because she didn't have all the facts from other employees. Is there anything I can do about that? In December, after a bout w/ my sick son, she gave me a verbal warning, in which she stated that if we couldn't get a long I would have to go. Is this considered intimidation?
Last Monday, I was out sick w/ my son I came to work on Tueday and his day care called and he was continually getting worse. I went to my boss and asked her if I could leave early (in an hour or so) to take my son to the Dr's, she told me to leave immediatley he needed me. At the Dr's we found out her had Rosiola, which takes 5-7 days to run it's course. I called my work and told my boss that I would be out Wed. and play it by ear for Thurs, come Thurs. he still had 104 temp and I didn't go to work. Friday I returned to work to find out that I had been written up for excessive absences, and told that if I took one more sick day I would be terminated.

There are of course numerous other things that I could tell you, but we would be here all day. I just wanted to make sure that I got most of the facts in here. Sorry it is so long. Is it legal that she can tell me that I can not call out sick again? Our sick time is earned at a rate of 1.25 days per month. I have no contract or offer letter. If I do get terminated can I collect Unemployement? I have been written up once before, not for attendance but it was mentioned in the write up. I have been documenting everything. We have no hand book or policies written anywhere. Please help I don't know if there is anything I can do.
Thank you sincerely,
Erica

Your employer does have the right to terminate somone who is out excessively, as long as that person is not out under an FMLA leave.

Hi Lillian,

Thanks for the quick response. Does FMLA cover sick children or just seriously ill family members? Would I be able to collect unemployment? What about the intimidation? There are many employees in my organization(which is non-profit) who have been out sick as much as I have if not more. We currently have one of other office staff (there's only 5 of us including my boss) who has been out for 2+ months. most of with out pay or given benifits by my boss. Such as fabricating her available sick/vacation time.
I just need to know where I stand if something is to happen, my son is due to get tubes in his ears which will result in me having to take time off. Thanks for all of your help.
Erica

FMLA does cover care for dependent children who need medical attention. However, your situation, as you have described it, wouldn't qualify. That is because FMLA is for care of serious illnesses. The illnesses you described are not covered by the Act.

Also, FMLA requires employers to have at least 50 employees in a 75 mile radius. Without that minimum number of employees, the law does not apply.