Wrote up for going into the ER

[CyberTech]

Michigan

I went into the ER one early morning before work, with chest pains and pain in my jaw. They kept me over night and found I have Angina. The Doctor told me if I have pains again like that, call 911 ASAP. More testing is to be done later this month.

When I got back to work I was wrote up for a missed day, or a "no show" even when I called in from the ER. I told my Manager that I was to call 911 if I have pains again and asked if I would be wrote up for that too on a work day. The answer was YES. I was further told that it was no different from having Angina or the Flu! A missed day is a missed day.

Now I have to make a decision, call 911, or go to work. If I get written up 2 more times before March I loose my job.

Further more if I need testing, I have to make it 2 weeks out, it is company policy to ask for time off for anything 2 weeks in advance! If not the Doctor MUST work around my work time.

Does this fall under any law they are doing wrong, or could I loose my job?

 

[Mass_Shyster]

If you are covered by the Family Leave Act, your employer cannot terminate you for calling in sick twice. Employees are eligible for leave if they have worked for their employer at least 12 months, at least 1,250 hours over the past 12 months, and work at a location where the company employs 50 or more employees within 75 miles.

 

[cbg]

However, not all illnesses or injuries qualify under FMLA - the illness or injury you are calling in FOR must meet the legal definition of a serious health condition. So it's a little misleading to say that you can't be written up for calling in sick twice - if you call in sick with a cold or the flu, you can be written up for that even if all the criteria Steve indicated applies. The ILLNESS must fall under FMLA as well as you and the employer. Granted, something for which you would need to call 911 would qualify, but you could call in sick for something that would qualify for FMLA, and then a week later call in for a cold, and you could legally be written up for the second one.

Also, even if FMLA applies, you can be written up for not following the company call-in procedures.