I have worked for a government agency in NJ for a little over two years. I went on disability (4 weeks paid leave) in June 2005 for pregnancy-related issues. I had over-extended my allowed time off (in vacation and sick) before July, and I owe the agency a couple of days of work to pay it off, plus for the 7 months that I did not work (July 2005 -January 2006 I did not earn days, so I have over-extended my vacation/sick time by 9 days for 2005). The agency has not yet docked my pay for this, which I believe is an error on their part. My attendance record has not been that great, on the whole, but I got sick a lot this past year, plus I had some pregnancy complications.

Once disability ran out, I went on Family Leave (12 weeks, no pay, but my position was kept for me, and I had to contribute to the insurance plan). I had to return to work January 30th.

I came back to work January 30th. My child does not take a bottle, and arrangements have been made for me to visit her daycare facility (a few minutes walking distance) three times a day. However, my baby is sick (and now am I), and I have not attended work since then (two days). I am a single mother with no familial support to help me with the baby. The daycare service won't take my child if she has a fever of 101 or higher (and my child's fever is higher than that). I feel terrible that after being out for so long, I am having difficulty attending work, but I have no other course of action than to stay with my sick child.

I have heard that the threat of getting fired is looming upon my return (which has also been discussed with peers...an inappropriate audience, if you ask me). Is this legal? Can they fire me for poor attendance at work due to my child being ill? I realize that they have made MANY accomodations for me during my pregnancy and afterwards, and I am appreciative, but I don't see how I can be fired for their inability to take the correct course of action in the first place when I was out so much last year.

It is agency law that I need a doctor's note if I am out for more than two consecutive work days, and I have no problem doing this, but to guard myself against getting fired, should I get a doctor's note every time my baby is/I am sick? If I do not have this documentation, does that leave me at greater risk for being fired? If they do fire me, what legal action (if I qualify), should I take? What should I do to protect myself and my child?

I thank anyone and everyone who helps guide me. Being a homeless single mother in a shelter is hard enough...but being a jobless (and unjustly so from what I gather), homeless single mother is even more difficult I would imagine.

If you have exceeded your Federally and state mandated time, they have no legal obligation to allow you to continue to take time off of work, even if you are sick, even if your child is sick.

I will have to check tonight what, if any, additional time is provided by NJ law. But once you have used all the time that either Federal or state law grants you, you have no further right to additional time no matter how legitimate the medical need.

A doctor's note has no force in law except in FMLA situations. Bringing in a doctor's note does not provide you with any legal rights to remain off work.

I understand the situation you are in and I'm sorry. But your co-workers have rights too, and someone else is having to do your job when you are out. Unless you are terminated (for absences) when you still have state or federally mandated leave time available to you, you will have no legal recourse. They are not obligated under the law to hold your job for indefinite medical leave.

The fact that they may have made a error in calculating your time last year, does not obligate them to grant you more time than your co-workers get or that the law entitles you to.