Terminated for Absenteeism

[SchuylerJo]

What is the name of your state?What is the name of your state? IL

My husband was terminated for absenteeism after working for 1 year and 4 months for a company. He missed approximately 7 days over the last 2 months. Once he had the flu, once we had car trouble that he took a day off to take care of, and last week he was sick for 3 days with a spell of IBS (Irritable Bowel Syndrome).

The history is he had a spell of IBS during his initial 90 day probationary period and received a warning at that time and I think they extended his probation. But everything had been fine until recently, although he has missed occasional days usually due to the IBS. He called in sick per policy every day. In hindsight he should have completed FMLA forms for the IBS, but this never occurred to us until discussing it with a friend today.

Without any further warning or discussion they terminated him. He has been told he will not be eligible for unemployment because he broke the attendance policy, and has not had any other complaints with his performance. Any suggestions?

 

[Beth3]

First off, the employer does not decide who does and does not receive unemployment benefits. The State does. Once a claimant files a claim, the employer is contacted and has an opportunity to raise any objections to the claimant's eligibility. Given the circumstances surrounding your husband's termination and assuming there aren't any other facts you failed to mention, I am reasonably certain he will qualify for UC benefits. He should apply immediately.

Your husband first became eligible for FMLA leave after he had worked there for 12 months. Among other things, it allows for leave when an employee has a "serious medical condition" and is absent in excess of three days. Since your husband was only absent three days for the flue and three days due to his IBS, the FMLA doesn't apply. Sorry.