work attendance

[bathanas]

Mid October 2001, I took ill. Since then I have had several tests to find out what's wrong. I was out for three weeks and then I was out for obe to two days in between. I was asked by my direct supervisor if I could try to come in for a couple hours a day. I did do that, when I felt up to it. Mid December I met with him and personnel to discuss staus. I was told they could mange with me doing my job this way for three months and at that time we would talk again.

Last week I met with both of them again. I received a memo and was told the three months would end January 31, 2002. I was asked If I could try to increase my hours bring ing back fulltime by the deadline. It was not said, but I am under the impression that if I can't do this I will be let go.

My supervisor said we would discuss the increase of hours at weeks end. Unfortunately I started a new medication and an experinecing nausea. I had to stay home Friday and left after two hours on Monday.

My concern is what if I can't comply with their request. My docor does not have a definite diagnosis. He is currently treating me for
muscular abdominal pain.

My question is this: Can they let me go? What is my recourse? Will I be able to receive employment benefits?

Bonnie

 

[cbg]

Assuming that you are covered under the FMLA, you are entitled to up to 12 weeks leave. If it goes beyond that within a 12 month period, they can legally terminate you. (If you are not covered under the FMLA, you can be termed earlier than that.)

Whether you will be able to receive unemployment is state specific, however, in many states your eligibility for UI is based on your ability to be available for work. So if your health will not permit you to be available for work, you would not be able to receive benefits until you can. Check with your state UI office for your states regs on this issue.