problems after long illness

[logomisia]

I had a documented medical illness from August to mid-October of this year. For about two months, I averaged working half time or less. Most of the time I missed from work was unpaid. Since I recovered from surgery to correct the problem, I have been back to work and accruing PTO. We have less than 50 people on our staff, so we do not qualify for FMLA.

While I was ill, I was put on a "Performance Improvement Plan." Despite the fact that I have documentation of serious illness provided by two different doctors, my employer says that my illness is irrelevant. My job is now in jeopardy because they say I have missed too much work, but they approved each absence.

I used half a day of PTO for an unrelated medical problem two weeks ago (mid-November). I received verbal approval prior to leaving the office, but when I returned I got an e-mail saying that my leave request was denied. They have told me that they denied my PTO so I would not have legal grounds against them if it became necessary to terminate my employment for excessive absences.

What are my rights in this case, where FMLA does not apply? How do I find out more about what the laws are?

I very much appreciate your assistance.

[cbg]

Unless you have a binding and enforceable contract that offers greater protection or there is a state law that does so (I'm not where I can reference my usual source but I do not believe Nebraska does) outside of FMLA you have no protections.

Quite frankly, your employers are correct that your illness is irrelevant. There are no circumstances under which an employer is required to accept substandard performance. Outside of FMLA, you have no guaranteed time off and they are allowed to discipline you for missing too much work. They could legally terminate you for excessive absences despite prior approvals and regardless of whether they approved PTO or not. Many doctor's have evening hours and even when they do not, it is possible to schedule appointments early in the morning or late in the afternoon so as to minimize required time off.

Frankly, I think you need to work on your attendance or be prepared for a perfectly legal termination.

[logomisia]

Thank you for your prompt response.

Is it relevant that I missed work because I was unable to perform my usual duties due to documented temporary disability?

[Marketeer]

If you're asking whether the employer should have provided you a reasonable accommodation for your disability under the Americans with Disabilities Act, the answer is no. ADA is not for temporary conditions.