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sick can you help??? Pennsylvania

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  • sick can you help??? Pennsylvania

    I Was Woundering If You Can Be Fired Or Punished For Being Under The Care Of A Doctor? My Problems Are Differant And Dont Comply With Fmla. I Miss A Day Here And Maybe 2 Days Their. My Employer Gives Us Points For Days Off Even With A Note From The Doctor And At 14 Points You Are Fired. Is This Leagle Or Where Do I Find The Info I Need?

  • #2
    First please don't captilize each word as it makes it very hard to read. Being under a doctor's care has no force in law unless it has to do with FMLA or possibly the ADA. So if in fact you don't qualify for FMLA, then yes the employer can fire for any reason they want to as long as it is not in violation of the law.
    Somedays you're the windshield and somedays you're the bug.

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    • #3
      FMLA can apply on an intermittant basis- which is what you are describing here. You could be out a day here, a day there and would still be covered. (think of someone getting dialysis twice a week, they aren't out for a 12 week block of time all at once, but are legally covered by FMLA - if all the other requirements are fulfilled.)

      Can you provide more detail?

      1. Does your company offer FMLA at your location?
      2. Have you worked the requisite time to be covered?
      3. Generally speaking, what are you taking the days off for?

      This will help us more fully look at what protections you may have.
      -----------------------------------------
      98% of the population is asleep. The other 2% are staring around in complete amazement, abject terror, or both.

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      • #4
        well im haveing 2 differant problems. we work till 330pm and i drive 1 hr. to work so if i want to get to my doctor i must leave a little early so they will give me .5 points. i have to go through tests for each problem and they are still trying to find what is going on. their are days that i get up with a feaver of 103 or 104 and it just will not come down. i even have taken them the armband from the ER. and they don't care. my doctors will not fill out the fmla paper since they dont know what is going on and to find another docter in my plan i must drive about 2 hrs away.

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        • #5
          First let's find out if you even qualify for FMLA.

          1.) How long have you worked for this employer?
          2.) In the last 12 months, have you worked a minimum of 1,250 hours?
          3.) How many employees does your employer have within 75 miles of your location?
          The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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          • #6
            yes i can get it they already gave the papers. i have been their 2 years full time. i have worked the hrs. and we have around 60 employes

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            • #7
              If your doctor refuses to fill out the paperwork or validate the need for leave, it isn't covered under FMLA. That is between you and your doctor. I have never heard of a doctor refusing to provide this when there was a legitimate reason for leave.
              I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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