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Can I be fired for too much leave? Pennsylvania

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  • Can I be fired for too much leave? Pennsylvania

    I live in and I am employed in PA.

    I have recently been reprimanded for taking too much time off (averages out to 1 day each month) and I fear that due to my lack of control over my illness, I may find myself calling out again when deemed inappropriate. I do not feel I call out often enough for this to be an issue (aprx 1 time per month).

    I have legitimate medical reasons I call out for and have sought treatment for each one and have corrected most or found ways around them. Presently I have issues with frequent migraine headache and have a near constant headache on top of this. No drugs work for me so far to stop or prevent the pain/nausea/etc. so I take narcotics for my treatment. I am presently seeing 4 doctors (family, sleep specialist, neurologist, ear/nose/throat), a mental therapist, and will also consult my dentist in the near future looking for relief. I am scheduling sinus/septum surgery in the future.


    My question is, if I take off no more than my allotted sick time each year, is it legal for my company to terminate my employment with no ramifications? If anyone can point me in the correct direction I'd be most thankful.

  • #2
    Migraines CAN (not always, but possible) be a condition that would qualify for FMLA leave. However, the employer must be subject and you must be eligible. FMLA would at least protect your job for a period of 12 weeks of leave (all at once, or intermittently used).

    1. Does your employer have at least 50 employees at your job site or within a 75-mile radius of your job site? If not, then the company is not subject to the act. If so, then...

    2. Have you worked there at least one year?

    3. Have you worked at least 1,250 hours in the last 12 months?

    4. How much time, all together, have you missed for this medical reason? For any others?
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      What is the size of the company? How long have you worked there and how many hours have you worked there within the last year?
      I find that the harder I work, the more luck I seem to have.
      Thomas Jefferson

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      • #4
        We have about 50,000+ employees across the country, about 750-1000 in the town I work in.

        How would I find out if I am eligible?

        BTW, TY for the fast responses!!

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        • #5
          Thanks for the info - however, we also need to know how long you worked there, how many hrs. you worked within the past 12 mos. & how much time you have already missed.
          Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

          Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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          • #6
            Originally posted by Betty3 View Post
            Thanks for the info - however, we also need to know how long you worked there, how many hrs. you worked within the past 12 mos. & how much time you have already missed.
            Sorry, I have worked here for 6 years. I am salary and work 40 hour work weeks but subtract 2 weeks of vacation and about 14 days of sick/personal time. Pulling my records back to my anniversary date in August I see I've taken 7 sick days until now.

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            • #7
              You need to contact your HR representative and tell them you wish to apply for intermittent FMLA. They'll give you the certification paperwork to give to your doctor.

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              • #8
                Originally posted by ilovetheusers View Post
                if I take off no more than my allotted sick time each year, is it legal for my company to terminate my employment with no ramifications?
                It appears you are eligible for Family Medical Leave, IF the medical condition is certified by a doctor (I see no real problem with that).

                If so, your job can be protected for up to twelve weeks of absences (twelve weeks total absence, more weeks for intermittent absences).

                Tell your company you need to apply for intermittent FMLA. They will give you paperwork to be filled out. Go from there.

                How much sick time you have available is not relevant to FMLA. It can be an unpaid leave, if you have used all available PTO (and no federal requirement that any PTO has to be paid).

                IF you exceed the annual allowance for FMLA, your employment could be terminated.
                Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

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                • #9
                  Jinx, Beth.

                  I would have beaten you to this, but for my longer post and me talking on the phone.
                  Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

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                  • #10
                    Thank you all so very, very much. This is a huge help.

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