holidaywishes
Junior Member
What is the name of your state (only U.S. law)? Virginia
What is the name of your state (only U.S. law)? Virginia
Brief version:
Company allowed us at anytime to use vacation, leave without pay (5 days per 12 months), sick and floating holidays for extended sick as long as we provided a Doctor's note the first day back.
Verbal warning given on 11/5 for being sick too often on Mondays. Refrain from taking off on this day.
11/6 - requested (3) vacation days to be used on Mon 11/24, Tues 11/25 and Wed 11/26.
Turned in slip to my immediate supervisor.
11/16 - 11/18 (Mon-Wed) - called in sick and followed company policy of notifying immediate supervisor and receptionist of reason for absence.
11/19 - (Thurs) - called in to say that I was still not better and would be seeing a doctor for a diagnoses - unsure when I would be able to return.
11/20 - (Fri) - called in to say I had a Doctor's appt. Diagnosed with Bronchitis and was given a breathing treatment in the office, a sample (5 days) of antibiotic and a prescription for 6 days of steroids. Approved to return to work on Mon. 11/24 (The day I was to be out on vacation). I called my HR director in the afternoon to tell her my diagnoses and ask if I had sufficient time for leave (sick, vacation, personal or any other time available). She said that with the time already missed 11/16-11/21 I would be allowed (2) LWOP days toward my scheduled vacation and would need to report to work on 11/26 because I would not have any time to use on that day. She recommends that if I can't return on that day to speak to my supervisor before returning on Wed.
I did not get any better and did not go on my vacation. I called my doctor and he extended my time-off for medical reasons through Tues 11/25 and I could return to my duties on Wed. 11/26.
I spoke with my supervisor on Tues 11/25 (she called on my cellphone thinking I was 1/2 way across the country on vacation) and left a message stating I needed to work ALL DAY Wed. I could not be late.
I was on time for work Wed. and was given a written warning for "failure to maintain regular and satisfactory attendance".
Reason: As of 11/25 you have depleted your annual leave for sick, vacation and Leave without pay time.
A list of all time missed (vacation, personal, floating holiday, sick and Leave without pay was attached for the previous 18 months).
As of 11/26 I had the following:
5.625 hours of vacation
3.25 hours of floating holiday (as of 11/30 - future date)
0 sick
0 LWOP
To be considered satisfactory I must ACHIEVE AND MAINTAIN:
1. Report to work on time, every day without exception, and login via email my arrival time
2. Refrain from scheduling personal appointments during work hours
Ok - I handed in my doctor's note and was HIGHLY ENCOURAGED to sign the warning ~ since another supervisor had been in our office on Mon. 11/24 prepared to fire me that day. (Even though both supervisors KNEW I was on scheduled time off). My immediate supervisor persuaded her to give me a written warning first. That is how I was not fired and it came about for me to be written up. I had to hurry up and sign since my supervisor needed to hand in the signed copy at our corporate location and she was leaving to go there for a meeting.
So....I signed. At lunch time I re-read the copy I had of the warning and didn't like how it was "open ended". There was no time frame listed to measure my improvement. It appeared I had signed that I would forever report to work on time everyday.
So, I called HR to ask for clarification and was told I needed to speak to the supervisor who had written the notice. I then asked if the HR supervisor could provide me with the procedure and paperwork to fill out to see if I qualify for FMLA. She said she there was no procedure...I just needed a doctor's note. I told her I already turned that in. She then said "No, I mean you have to get a doctor's note showing illness, dates you will be out etc." but there is no procedure for doing this. She then recapped how "She" did it when "she" was out for a recent surgery. I asked her if there was a form. She said NO. Then I told her that I would like to "rescind" my signature on the written warning and request a meeting with HR and all 3 of my supervisors for clarification on the terms. She must have called my immediate supervisor, who called me to ask what was going on. I told her I thought my 7 days missed work would qualify under FMLA and I wanted to "rescind" my signature and have a meeting. She agreed. I them emailed the HR director and supervisor of my request and that I was filing for FMLA and to notify the proper personnel. I then pulled up the medical form on the Dept of labor website, printed it and faxed it to my doctor. I turned in the documents on 12/2 (we were closed for Thanksgiving on 11/27 and 11/28) and returned to work on Mon. 12/1.
Are you still with me?? I hope so....
2 weeks go by...no response to my meeting request, or and mention of my FMLA. I log in and email all supervisors and HR (since they never told me WHO to email I wanted to cover all my bases).
Then on Tues. 12/16 - I had sever leg and shoulder pain and did not feel that I could get to work safely driving. I took Ibuprofen and no relief. I decided to check and see if I had any sick time available. My last pay stub said I had 7.5 hours. (1 day) I called my supervisor (no answer). So, I wait until 15 minutes before work starts and call again and leave a message that I wanted to take a sick day for pain in my leg and shoulder and thought I had time available and to please verify.
Then - I decided to put hot/cold gel on to see if that would help. WOW - that stuff works really fast. So I headed into work and called my supervisor to tell her I was now on my way and that the pain was bearable since using the gel.
She said she didn't think it would matter, I had violated the terms of my written warning and she would call me back to let me know if I was fired. I asked her if I should still come in, she said yes. I told her I would email everyone when I got there. I arrived at 9:07 (normal start time is 8:30) and emailed them. I began work and my supervisor arrived back from the corporate office to our office at 10:20 and fired me for violated the signed written attendance warning.
No mention of my request for the meeting, no mention of any FMLA (that shouldn't count against me) and no mention of my sick day accrued.
Thoughts?
Oh, by the way - I was in compliance with the FMLA request (it had to be made within 2 days of my return to work, if the employer had not previously been told). The employer never followed up with any of the requirements of the law with regards to notifying me of approval or denial which is required within 1-2 business days.
What is the name of your state (only U.S. law)? Virginia
Brief version:
Company allowed us at anytime to use vacation, leave without pay (5 days per 12 months), sick and floating holidays for extended sick as long as we provided a Doctor's note the first day back.
Verbal warning given on 11/5 for being sick too often on Mondays. Refrain from taking off on this day.
11/6 - requested (3) vacation days to be used on Mon 11/24, Tues 11/25 and Wed 11/26.
Turned in slip to my immediate supervisor.
11/16 - 11/18 (Mon-Wed) - called in sick and followed company policy of notifying immediate supervisor and receptionist of reason for absence.
11/19 - (Thurs) - called in to say that I was still not better and would be seeing a doctor for a diagnoses - unsure when I would be able to return.
11/20 - (Fri) - called in to say I had a Doctor's appt. Diagnosed with Bronchitis and was given a breathing treatment in the office, a sample (5 days) of antibiotic and a prescription for 6 days of steroids. Approved to return to work on Mon. 11/24 (The day I was to be out on vacation). I called my HR director in the afternoon to tell her my diagnoses and ask if I had sufficient time for leave (sick, vacation, personal or any other time available). She said that with the time already missed 11/16-11/21 I would be allowed (2) LWOP days toward my scheduled vacation and would need to report to work on 11/26 because I would not have any time to use on that day. She recommends that if I can't return on that day to speak to my supervisor before returning on Wed.
I did not get any better and did not go on my vacation. I called my doctor and he extended my time-off for medical reasons through Tues 11/25 and I could return to my duties on Wed. 11/26.
I spoke with my supervisor on Tues 11/25 (she called on my cellphone thinking I was 1/2 way across the country on vacation) and left a message stating I needed to work ALL DAY Wed. I could not be late.
I was on time for work Wed. and was given a written warning for "failure to maintain regular and satisfactory attendance".
Reason: As of 11/25 you have depleted your annual leave for sick, vacation and Leave without pay time.
A list of all time missed (vacation, personal, floating holiday, sick and Leave without pay was attached for the previous 18 months).
As of 11/26 I had the following:
5.625 hours of vacation
3.25 hours of floating holiday (as of 11/30 - future date)
0 sick
0 LWOP
To be considered satisfactory I must ACHIEVE AND MAINTAIN:
1. Report to work on time, every day without exception, and login via email my arrival time
2. Refrain from scheduling personal appointments during work hours
Ok - I handed in my doctor's note and was HIGHLY ENCOURAGED to sign the warning ~ since another supervisor had been in our office on Mon. 11/24 prepared to fire me that day. (Even though both supervisors KNEW I was on scheduled time off). My immediate supervisor persuaded her to give me a written warning first. That is how I was not fired and it came about for me to be written up. I had to hurry up and sign since my supervisor needed to hand in the signed copy at our corporate location and she was leaving to go there for a meeting.
So....I signed. At lunch time I re-read the copy I had of the warning and didn't like how it was "open ended". There was no time frame listed to measure my improvement. It appeared I had signed that I would forever report to work on time everyday.
So, I called HR to ask for clarification and was told I needed to speak to the supervisor who had written the notice. I then asked if the HR supervisor could provide me with the procedure and paperwork to fill out to see if I qualify for FMLA. She said she there was no procedure...I just needed a doctor's note. I told her I already turned that in. She then said "No, I mean you have to get a doctor's note showing illness, dates you will be out etc." but there is no procedure for doing this. She then recapped how "She" did it when "she" was out for a recent surgery. I asked her if there was a form. She said NO. Then I told her that I would like to "rescind" my signature on the written warning and request a meeting with HR and all 3 of my supervisors for clarification on the terms. She must have called my immediate supervisor, who called me to ask what was going on. I told her I thought my 7 days missed work would qualify under FMLA and I wanted to "rescind" my signature and have a meeting. She agreed. I them emailed the HR director and supervisor of my request and that I was filing for FMLA and to notify the proper personnel. I then pulled up the medical form on the Dept of labor website, printed it and faxed it to my doctor. I turned in the documents on 12/2 (we were closed for Thanksgiving on 11/27 and 11/28) and returned to work on Mon. 12/1.
Are you still with me?? I hope so....
2 weeks go by...no response to my meeting request, or and mention of my FMLA. I log in and email all supervisors and HR (since they never told me WHO to email I wanted to cover all my bases).
Then on Tues. 12/16 - I had sever leg and shoulder pain and did not feel that I could get to work safely driving. I took Ibuprofen and no relief. I decided to check and see if I had any sick time available. My last pay stub said I had 7.5 hours. (1 day) I called my supervisor (no answer). So, I wait until 15 minutes before work starts and call again and leave a message that I wanted to take a sick day for pain in my leg and shoulder and thought I had time available and to please verify.
Then - I decided to put hot/cold gel on to see if that would help. WOW - that stuff works really fast. So I headed into work and called my supervisor to tell her I was now on my way and that the pain was bearable since using the gel.
She said she didn't think it would matter, I had violated the terms of my written warning and she would call me back to let me know if I was fired. I asked her if I should still come in, she said yes. I told her I would email everyone when I got there. I arrived at 9:07 (normal start time is 8:30) and emailed them. I began work and my supervisor arrived back from the corporate office to our office at 10:20 and fired me for violated the signed written attendance warning.
No mention of my request for the meeting, no mention of any FMLA (that shouldn't count against me) and no mention of my sick day accrued.
Thoughts?
Oh, by the way - I was in compliance with the FMLA request (it had to be made within 2 days of my return to work, if the employer had not previously been told). The employer never followed up with any of the requirements of the law with regards to notifying me of approval or denial which is required within 1-2 business days.