About to get fired for medical reasons

[gettingsqueezed]

I have a medical condition that requires that I go to anti coag clinic a minimum of once, sometimes twice a month. I also have had infections that needed antibiotics three times this year. My boss has informed me that I have too many attendance points and am on the verge of being fired. I have been going to the clinic for three years. Now even if I get a doctors note I still receive one point. My question is can they fire me for continuing to go to the clinic which is necessary for me to survive? I am in Texas if that matters.

 

[justalayman]

My question is can they fire me for continuing to go to the clinic which is necessary for me to survive?

as asked:


if you do not have FMLA leave available, yes

if you have FMLA leave available, once you miss more than the allotted 12 weeks, yes

Now, if your condition qualifies as a disability under the ADA and you have asked for accommodations, then the situation may change. I suspect even if it applies there are absences that would not be covered under an accommodation request but let's see where it goes when you answer whether you have asked for accommodations under ADA.

 

[gettingsqueezed]

I haven't used any FMLA time. I have used up my vacation time though. As far disability is concerned, all I really know is that hospital administrators wanted me to apply for it, but I would rather remain productive. My employer has known of my condition since they made me bring a doctors note clearing me to return to work after surgery three years ago. This is the first time that they have considered it a problem.

 

[justalayman]

As far disability is concerned, all I really know is that hospital administrators wanted me to apply for it, but I would rather remain productive.

that has nothing to do with whether your issue qualifies as a disability under ADA or not. Many people with disabilities are as productive as anybody else but under the ADA, if you have a qualifying disability, your employer is required to provide certain accommodations if you ask for them. Schedule adjustments can be an accommodation under some circumstances. Now, would that help you with your regular appointments or not? It isn't likely to take care of issues where illness prevented you from working though.

so....again;

have you requested any accommodations under the ADA?

 

[gettingsqueezed]

I have not. I didn't know that was an option. My condition is that I have a mechanical heart valve and must take Warfarin. I don't really know if that qualifies or not.

 

[justalayman]

we're getting beyond what I know as well. There are some HR people that are much better versed on this than I. Hang around to see if any of them pick up on this. If they don't, I'll try to muddle through it.

 

[gettingsqueezed]

I do appreciate the help.

 

[cbg]

FMLA is not optional when it applies and you're finding out why.

Let's deal with that one first because it's easier to determine than the ADA, though I doubt if unlimited time off would be considered reasonable. Let's start by finding out if FMLA applies.

How many employees does the employer have within 75 miles of your location?
How long have you worked for this employer? Full or part time?
In the last 12 months, how much time have you missed for this condition?

 

[justalayman]

Let's deal with that one first because it's easier to determine than the ADA, though I doubt if unlimited time off would be considered reasonable. Let's start by finding out if FMLA applies.

I'm sure it would not allow unlimited time off but if could allow for limited time to attend medical treatment. I don't know but I was thinking that might be enough to save the OP from exceeding his points limit.

here's a good discussion of ADA accommodations for the purposes of leave to attend to issues related to the disability.


http://www.americanbar.org/content/dam/aba/events/labor_law/2012/03/national_conference_on_equal_employment_opportunity_law/mw2012eeo_mizrahi_ada_leave.authcheckdam.pdf

 

[cbg]

Oh, it's entirely possible that some time off might be reasonable IF the ADA applies, but since there's more objectivity to FMLA I'm inclined to follow that line first.