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calista23

Junior Member
What is the name of your state? Indiana

I just got fired today for missing 4 days of work(not 4 consecutive days either), they are saying it is 5. I missed work due to a sick children. I have no family that lives even close enough to have them help out. My family lives in Minnesota, my husband's family lives in Kentucky.

To elaborate a little more. In December I quit (same job) to move out-of-state with my husband. (employment transfer). We then moved back 4 weeks later, another employment transfer, and I received my old job back. I started Feb 4th. They told me that my original hire date was still the same 03/2005. I never had to sign anything or fill out any paperwork when I came back. Do I qualify under the FMLA act?

They told my husband today that I was under a 90 day probationary period, to which I was never informed. I have been a good employee, I have never received any warnings, and I had no other option but to stay home with my daughter today, as she was vomiting, and is only 6 yrs old, she can't stay home alone, and she can't go to school. I did miss two days in a row the week before as she came down with a very bad upper respiratory infection, she has viral-induced asthma, we had even brought her in to the doctor, and one night the ER as she was coughing so hard she could not breathe and was vomiting, she also broke capillaries in her eyes due to her coughing spells. She also had strep throat on top of all of this. My husband and I alternated days we had to stay home with her so we both would not miss too much work.

I am just having a really hard time believing that I can be fired because of a sick child.


Any help is appreciated.
 


Beth3

Senior Member
Do I qualify under the FMLA act? Yes, since you have worked for at least 12 months for the employer (they don't have to be consecutive months) and presumably worked at least 1,250 hours within the past year.

However it does not sound like your reason for being absent qualifies for FMLA leave. Your child has a temporary (not chronic) health condition and you were absent enough (more than e consecutive days) for the FMLA to apply to your absences.
 

calista23

Junior Member
Question again

She was diagnosed at the age of 5 with what is called viral induced asthma and allergies, we had to get rid of our pets due to this. With viral induced asthma everytime she gets a cold, (cough) we have to start her on pulmicort 2 x a day to keep her from getting very sick with bronchitis or pneumonia. If we do not her cold always has gone right to her chest immediately. Is viral induced asthma not considered "chronic"?
 

calista23

Junior Member
Fmla

No, I didn't have the chance. I got fired this past Thursday, the week before is when I had to miss two days with her because of this. In the past, this was never an issue with this employer. They had always been understanding, granted I was lucky enough to never have 2 different viruses hit my kids back to back, so I guess I never had to miss work in that short of a time frame. My past work history should be enough for them to understand. I could understand if I was consistantly late, or consistantly calling in sick, but that has not been my case. I guess I am lucky in a way, I now know that this is an employer I would no longer wish to work for. This just blindsided me. Especially when I have been nothing but a good employee.
 

ecmst12

Senior Member
If you qualify for FMLA, you should have been advised of your option to take it. You can contact the US DOL; they can tell you if an FMLA violation took place. You do not necessarily have to request FMLA before taking it, your employer is supposed to make sure that you are aware of it as an option and not make it difficult for you to apply for it.
 

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