Applied for FMLA but was denied for not taking enough days now my job is in jeopardy

[What2Do20]

What is the name of your state? TN

Can I be fired if my FMLA was denied because I was not out enough days?
Let me explain, I was diagnosed w/pink eye and bronchitis on 3/16. I was out 3/16 and 3/17. I attempted to return to work on 3/18 but left early because I wasn't feeling any better. FMLA states that I would need to be out for 3 consecutive days, so thats why I was denied. My employer is attempting to fire me even though I had pink eye which is contagious. And get this I got sick the next week on the clock w/an apparent stomach flu. There were many witnesses that saw me sick and a supervisor advised me to go home. Should I be penalized for apparent illnesses?

 

[rmet4nzkx]

Have you actually applied for FMLA?

 

[pattytx]

Just because you have something contagious does not make your condition a serious medical condition that would qualify for FMLA. You could have a cold for five days and be contagious all those days; that would not be a qualifying medical condition for FMLA. At least, this is my understanding.

 

[cbg]

Patty is correct.

With limited exceptions, by the definition within the statute if you were out for only two days FMLA does not apply. Just because you were sick does not make it FMLA. FMLA only counts for a serious health condition as defined in the statute.

Nothing in the law says that if you are contagious you can't be fired. If FMLA does not apply and if your employer believes your absence is excessive, you can be fired whether you are contagious or not.

 

[Beth3]

FMLA states that I would need to be out for 3 consecutive days, Actually, the FMLA states that you must be out for more than three consecutive days.