written up for missing time due to health

[abordner]

What is the name of your state?NC

My wife has missed 12 days since January 2005. She has serious medical conditions and is being treated by a physician. Almost all of this time she has missed she was sick from her conditions and went to her physicians office. On one occasion our daughter was very ill and the pediatrician told my wife she needed to stay home with her until lab work was back(missed 3 days). Her employer has given her a written warning. the warning states that if she misses one more day from work within the next 3 months she will be on probation. If she misses 2 days from work she will be terminated. Is she covered under FMLA. The way I read the Federal law she is covered and the employer is in the wrong. It states that intermitten days missed while under the care of a health care provider for a serious health condition are covered by FMLA. What do you think? Need Advice.

 

[Beth3]

Is she covered under FMLA.

1. How long has your wife worked there?
2. How many employees work for this company at the site she is at and within a 75 mile radius?
3. Has your wife worked at least 1,250 hours within the previous 12 months?
4. Has your wife taken any other leave time within the past 12 months and if so, what for?

Lastly, did your wife apply for FMLA with her employer???

 

[cbg]

There is no possible way for us to tell if she is covered under FMLA without the answers to Beth's questions. FMLA does not apply to all employees or even to all employers.

 

[abordner]

She has been with the company since 2002. It is a bank branch of Suntrust, so yes to number of employees. She has worked the minimum hrs required by FMLA. She has not taken any other leave in the past 12 months. She has not applied for FMLA with her employer. Because of this incident, we are now learning of FMLA.

 

[Beth3]

Your wife should go to her HR representative right away and discuss applying for FMLA for her own medical condition going forward, as well as whether any of her past absences should have been handled as FMLA and therefore whether the disciplinary action should be destroyed.