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punished for being in the hopsital Ohio

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  • punished for being in the hopsital Ohio

    Is my employer allowed to punish me for missing a few days of work for being in the hospital, when I give them notice the prior night that I'm in there and letting them know how everything's going every step of the way, then providing them with documents from the hospital. Because my employer has, and I don't think it's fair.

  • #2
    How many days were you in the hospital? How were you punished?

    Did FMLA happen to apply? --
    Have you worked for a covered employer for at least 12 months (these months do
    not have to be consecutive)
    Had you worked at least 1250 hrs. for the employer in the 12 mos. immediately
    preceding the leave?
    Do you work at a location with 50 or more employees in a 75 mile radius?
    Do you have a serious health condition as defined by the FMLA statute?

    Thanks.
    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.

    Comment


    • #3
      I would venture to say that FMLA is not in play here since the OP states that they let the employer know the night before...not a guarantee, but certainly a red flag.

      When/if you miss work, providing certain factors don't come into play, such as FMLA then yes, your employer can counsel, or punish you for not being there.
      Not everything in America is actionable in a court of law. Please remember that attorneys are in business for profit, and they get paid regardless of whether or not you win or lose.

      I offer my knowledge and experience at no charge, I admit that I am NOT infallible, I am wrong sometimes, hopefully another responder will correct me if that is the case with the answer above, regardless, it is your responsibility to verify any and all information provided.

      Comment


      • #4
        Possibly FMLA did not come into play but I always like to verify. You
        never know for sure.
        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.

        Comment


        • #5
          Agree. See here:

          "Serious health condition" means an illness, injury, impairment, or physical or mental condition that involves:

          any period of incapacity or treatment connected with inpatient care (i.e., an overnight stay) in a hospital, hospice, or residential medical care facility; or
          http://www.dol.gov/whd/regs/compliance/1421.htm#2f
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

          Comment


          • #6
            Originally posted by Pattymd View Post
            Right. Some employees don't even know what the requirements are for FMLA -
            they have come back & asked us if we didn't list them.
            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.

            Comment


            • #7
              I let them know the night before because that was when I was admitted to the hospital. I've been having issues with my uterus and ovaries recently where I am constantly in alot of pain. I had surgery about 2 months ago and the problem still hasn't been fixed. I have been with my employer for almost 2 years, work full time, and they are a large national bank. This is the second time I have been in the hospital for this issue and missed a few days of work both times, and both time I was written up. I called both of my managers and left both voicemails, and I also texed both of them, and neither one of them responded to any calls or messages for 2 days. So if anything like this were to happen again I would be terminated from my job.

              Comment


              • #8
                Does your employer have at least 50 employees at your job location or within a 75-mile radius? If no, the employer is not subject to the FMLA. If yes, you should immediately request the FMLA certifications forms from HR and get them to your doctor as soon as possible.

                How much time in total have you missed for this condition within the last 12 months?
                Last edited by Pattymd; 08-23-2010, 03:43 PM.
                I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                • #9
                  Yes they do. I've missed about a month and a half between my surgery and all of my doctors appointments. Thank you for your help

                  Comment


                  • #10
                    Ok, request the FMLA forms.
                    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.

                    Comment

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