Wisconsin's definition of excessive absentees

[geauxgurly]

What is the name of your state (only U.S. law)? I work remotely in Alabama but my company is based in Wisconsin.

I started a new job in November and had 2 unplanned absences in the first 90 days and have had one more since. 2 of these absences were due to mirgraines, one was due to my son being sick and I stayed home with him.

My company says they use Wisconsin's definition of excessive absenteeism. I am being told it is 5 days in a consecutive 12 month period, but am asked to not be absent again for 12 months. Something about this doesn't appear right. If 5 are allowed, wouldn't I be allowed 2 more until the anniversary of my first absence? I feel like I'm being setup for failure.What is the name of your state (only U.S. law)?

 

[ecmst12]

Your company can have whatever policies it wants about absences, so long as it doesn't violate FMLA, which doesn't apply here and you haven't worked there long enough to qualify for anyway.

 

[swalsh411]

Considering you have only been there 5 months, you could be fired for missing a single day of work for almost any reason.

 

[Beth3]

My company says they use Wisconsin's definition of excessive absenteeism. Huh? I've worked in Wisconsin for my entire career in HR and can tell you that the State of Wisconsin has no statute which defines excessive absenteeism. I have no idea where your employer is coming from on this as Wisconsin law (as well as the other 49 States) is silent on this issue.

Employers set their own policies as to what constitutes excessive absenteeism. If your employer does terminate you for being excessively absent in their opinion and/or per their policy, it would be a lawful termination.

 

[commentator]

I can't imagine any state would have an employer absentee policy for its employees, don't know what they could be talking about.

Your "shouldn't I get...?" is very unreasonable. They can make their policy anything they want to say it is.

But for unemployment insurance purposes, if you are absent with a medical excuse, you can be fired by the employer for anything, any number of absences, but they would probably approve your claim for unemployment benefits, saying that the absence did not rise to the level of misconduct, because you could not help being sick.

But with the situation of your son being sick, be sure he was sick enough to have to go to the doctor, get a doctor's statement, even if they don't want it. And as for migraines, people rarely, after they have their first bout and possibly get medication, but they rarely visit a doctor for each headache, so that looks like you have three or four unexcused absences. If the company chooses to fire you for that, which they certainly could, and you'd likely get no unemployment insurance after the firing, either.

 

[geauxgurly]

reply

I did have to take my son to the doctor that day I stayed with him. They gave him a doctor's note for school, and I have supplied this to my work.

 

[cbg]

Outside of FMLA, which does not apply here, a doctor's note has no force in law. It's okay to request it and it's nice to supply, but the employer has no legal obligation to accept it or to excuse the absence because you provided one.