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Fired for Emergency Surgery

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krnorton

Junior Member
What is the name of your state (only U.S. law)? Michigan

My daughter went to a hospital emergency room in severe pain. She was admitted and is scheduled for emergency surgery first thing in the morning. They are only waiting because she has an infection and are want to have antibiotics in her system for several hours [prior to proceeding. She called her job as soon as they opened and told them the situation. She was informed that they have a strict attendance policy and if she does not report tomorrow she will be terminated. I'm pretty sure this is illegal. She is not on any kind of probation. What can she do? This is in Michigan.
 


cbg

I'm a Northern Girl
FMLA applies when ALL of the following are true:

1.) She has worked for the employer for a minimum of 12 months
2.) Her employer has a minimum of 50 employees within a 75 mile radius of her location
3.) In the last 12 months, she has worked for this employer for a minimum of 1,250 hours.
4.) She has a serious health condition as defined in the FMLA statute.

From what you have told us #4 is true. Are #s 1, 2 and 3 also all true? If so, you are correct and this would be a violation of the FMLA statute, although they ARE entitled to medical verification of her situation. But if even one of the above criteria is not true, then FMLA does not apply and she can legally be fired for missing work, even for emergency surgery.

IF the FMLA statute applies, the regulatory agency for FMLA is the US DOL and she would make her complaint to them.

I wish both you and she the best and hope her surgery goes well.
 

krnorton

Junior Member
Most are true

FMLA applies when ALL of the following are true:

1.) She has worked for the employer for a minimum of 12 months
2.) Her employer has a minimum of 50 employees within a 75 mile radius of her location
3.) In the last 12 months, she has worked for this employer for a minimum of 1,250 hours.
4.) She has a serious health condition as defined in the FMLA statute.

From what you have told us #4 is true. Are #s 1, 2 and 3 also all true? If so, you are correct and this would be a violation of the FMLA statute, although they ARE entitled to medical verification of her situation. But if even one of the above criteria is not true, then FMLA does not apply and she can legally be fired for missing work, even for emergency surgery.

IF the FMLA statute applies, the regulatory agency for FMLA is the US DOL and she would make her complaint to them.

I wish both you and she the best and hope her surgery goes well.


#1 She has worked for almost 9 months but all the rest are true. Thank you for the best wishes as she will have a recovery time of approximately 4 weeks.
 

cbg

I'm a Northern Girl
That's a shame but it does mean that FMLA doesn't apply. The eligibilty criteria are set by Federal law. An employer can provide medical leave outside of FMLA but they are not compelled to by law. I'm sorry your daughter's employer cares so little for their employees.
 

commentator

Senior Member
As soon as she is released by her doctor, your daughter needs to file immediately for unemployment benefits. Though the employer can legally fire her for a medical absence, she will, when she is fully released to go back to work, be able to receive unemployment benefits until she finds something else. (Providing she meets the monetary requirements to draw benefits). Because she was out of work due to illness, she is considered to have been out of work through no fault of her own. She will provide medical documentation, and documentation that she is fully able and is released to return to work. Unemployment is not any kind of disability, and cannot be received by someone who is too ill to work, but when she is ready to work, it will be there for her if she applies and is qualified.

If it appears she will be out of work due to this condition for an extended period of time, she needs to go ahead and file a claim for unemployment benefits fairly soon (say within the next six weeks.) this claim will stay on file, and as soon as she has made a full recovery she will be able to begin drawing it. But if she does not file, and waits a long time, then files, she may have lost the qualifying wages, as they do not go back over the person's whole work history as social security does, but go quarter to quarter.

This is really her only recourse if the employer does elect to fire her this way. I hope she will soon find an employer that treats employees better and will like the next job better. that is the best revenge.
 

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