fired while on FMLA

[aperillo]

What is the name of your state? North Carolina
I got fired while I was on FMLA I have had it for 5 years for GERD and IB. The company says it was because I did not call in. I called on a Friday and said I was going to be out till Tuesday. They said it was because I did not call in every single day. I have been at this job for 7 years and have always did this the same way. The NEW management just decided to enforce this. There were 11 of us fired for the same thing while on FMLA. The Union says intermitte leave is already excused and I should not have had to call are they right of am I fighting a loosing battle Thanks

 

[cbg]

Depends on how your union contract is set up. But for the most part, unless it was otherwise established ahead of time, being on intermittant FMLA does not excuse you from following any call-in procedures. The fact that the time is already excused as opposed to unexcused (and your union is right about that) does not mean that you don't have to let someone know you won't be in. Are they supposed to just guess when you don't show up? How do they know if you aren't coming in at all and they have to arrange for your position to be covered, or if you're just stuck in traffic and will be fifteen minutes late? Or, for that matter, if you got hit by a bus on the way to work?

While you cannot be fired FOR BEING ON FMLA, you can be fired for not following company policy WHILE you are on FMLA.

 

[aperillo]

Did you miss the part that said I DID call on Friday and tell them the Dr took me out till Tuesday. I got fired for not calling in EVERY single day.

 

[cbg]

Is the company policy to call in every day? If so, you need to call in every day, not just on Friday. As I said, being on FMLA does not excuse you from following policy.

If the company policy is that you only have to call in once, however, then maybe you have a case.