FMLA/Fired for no call no show for points/ Can I get UI?

[watertown28]

If you didn't take your son to the doctor, you didn't call in, you were absent, you were fired for this absence....then you are going to be way out of luck. Sorry. They do not give a small care about whether or not it was covered by FMLA. Just because you didn't need one for FMLA, that does NOT mean you didn't need one for unemployment benefits. I said that already, I think.

But when you file your unemployment claim, go on and file it, immediately by the way, there's no magic formula, no certain thing you can tell them. All you will be able to do is tell the truth. You may be able to get your doctor to give you a statement saying your son had the flu. Keyword MAY be able to get this from your doctor. If you aren't they do not care why you were absent, you were not absent due to illness with doctor's excuse. That's it. File it anyhow. See how it plays out. You had attendance issues. I do not think your FMLA situation will protect you, or that you will be able to get your job back. I am not at all sure, based on what you've said, that you will be able to get unemployment benefits. But remember, they are two separate issues, being fired while on FMLA, and being approved for unemployment.

Okay lets say we cant use that, but would any other reason being sick WITH a doctors note help in the past? I have a few times brought in a slip from the doctor.

 

[watertown28]

I may add that there have been instances where people have been able to get UI at work for pointing out . They are also back to work in a few weeks.

It dont matter. I have shot out a few apps already today ( not bad I might add for being the first day without a job ) I have a interview on monday, granted its to be a waiter, but I need to feed my family and I need to be proactive and do my very best to get work. I rather not waste time. Heck , even McDonalds was on the list... My search will include going to temp services to get whatever I can. Just... in...case. Worst case I get my job back and I need to quit a job after a few days or weeks.

 

[commentator]

Not filing for unemployment benefits isn't saving your precious time, it's being silly. In many states, having applied for benefits is the first step in receiving any other kind of aid or assistance. If you don't even try, that looks terrible to prospective employers. You don't get something going right away, and you don't find another job immediately, and next thing you know, you're sitting there with nothing.

Because there is no definite yes or no answer that anyone else can give you here but your own unemployment system. You need to begin the process immediately. Then you look for another job. You will be required to make job searches after you've filed a claim and while you are waiting for this situation to resolve. Remember, if these jobs didn't work out, and you did file for unemployment later, you would never be able to draw back pay from the date you were fired, even if your claim is approved. It would not start until the week you filed it, regardless. So it's the first logical step do do before you begin your work search.

The reason the people you know who were fired on the point system from your work were able to begin receiving benefits is that their FINAL absence, the one that puched them over the top when it came to points and got them fired, was due to an illness with a doctor's statement. The unemployment system says that you can control calling in, or you can control not having transportation to get to work, or coming in late, but you cannot control being so ill, or having a child so ill that they needed medical care. So you are out of work through no fault of your own. Whether or not that final absence was a FMLA covered absence is another issue, not dealt with by unemployment.

Whether or not you followed the company's call in procedures, as they had in the past been applying them to you, which would mean that you had a reasonable expectation that you would not be terminated for this absence, will help your case for unemployment insurance somewhat.

But file it. It doesn't take long, you don't have to argue brilliantly, you just need to go for it and let the system give you an aswer on
this termination.

 

[watertown28]

Not filing for unemployment benefits isn't saving your precious time, it's being silly. In many states, having applied for benefits is the first step in receiving any other kind of aid or assistance. If you don't even try, that looks terrible to prospective employers. You don't get something going right away, and you don't find another job immediately, and next thing you know, you're sitting there with nothing.

Because there is no definite yes or no answer that anyone else can give you here but your own unemployment system. You need to begin the process immediately. Then you look for another job. You will be required to make job searches after you've filed a claim and while you are waiting for this situation to resolve. Remember, if these jobs didn't work out, and you did file for unemployment later, you would never be able to draw back pay from the date you were fired, even if your claim is approved. It would not start until the week you filed it, regardless. So it's the first logical step do do before you begin your work search.

The reason the people you know who were fired on the point system from your work were able to begin receiving benefits is that their FINAL absence, the one that puched them over the top when it came to points and got them fired, was due to an illness with a doctor's statement. The unemployment system says that you can control calling in, or you can control not having transportation to get to work, or coming in late, but you cannot control being so ill, or having a child so ill that they needed medical care. So you are out of work through no fault of your own. Whether or not that final absence was a FMLA covered absence is another issue, not dealt with by unemployment.

Whether or not you followed the company's call in procedures, as they had in the past been applying them to you, which would mean that you had a reasonable expectation that you would not be terminated for this absence, will help your case for unemployment insurance somewhat.

But file it. It doesn't take long, you don't have to argue brilliantly, you just need to go for it and let the system give you an aswer on
this termination.

Yeah I did not state that I did start the UI claim as soon as I got home yesturday. In fact that was the very first thing I did.

I do not think a majority that get the claim brought in the doctors slip, I guess in a round about way you are saying as long as I say that it was due to my child being sick I might have a chance. I guess that is the way the cookie crumbles. Usually they get hired back after the first week UI comes in so ... Its a waiting game.

On a positive note, I do have an interview for Monday... In fact 2 of them. One I would be happy with, the other is just a "job"

 

[watertown28]

Well, I guess that I get to go in on Monday to see if I get a second chance.
The tele records I can not pull up because of the whole need a supina thing.

My Union steward just called me and kinda coached me on what to do ... but he said there is no promises, and not to say to much and shoot myself in the foot.

 

[commentator]

If you do get to go back to work, keep looking, keep interviewing for those other jobs. The best way to leave a job is to go to another one that you really think you'll like better.

Seriously, they're not just being mean to you, you are having attendance problems. From now on, be very careful to follow their call in requirements, call every single day if it's required, even if you are on sick leave with FMLA approved for it. And any time you are out for a health related reason, yours or your child's, make sure you have a doctor's statement. Yes, it's sort of silly and redunant to keep running to the doctor for every little thing, but in your situation, it will be that LAST absence they look at, only, and if they fire you when you have a doctor's note, that will enable you to be more likely to be approved for unemployment insurance. It may have nothing to do with their policies and may not be required by them, but unemployment is the area where having that doctor's statement for your absence is going to help you.

If you are put back to work, you don't have to quit your claim, don't do anything else about it until they have called you back to work. Keep making the weekly certifcations until the first week Sunday through Saturday that you have been working and have made too much to draw. For exacmple, if they say, "Come back to work starting this MOnday," you will still certify, this coming Monday, for the previous week's unemployment. You then just stop qualifying for weeks, and that's what will stop the claim.

 

[watertown28]

If you do get to go back to work, keep looking, keep interviewing for those other jobs. The best way to leave a job is to go to another one that you really think you'll like better.

Seriously, they're not just being mean to you, you are having attendance problems. From now on, be very careful to follow their call in requirements, call every single day if it's required, even if you are on sick leave with FMLA approved for it. And any time you are out for a health related reason, yours or your child's, make sure you have a doctor's statement. Yes, it's sort of silly and redunant to keep running to the doctor for every little thing, but in your situation, it will be that LAST absence they look at, only, and if they fire you when you have a doctor's note, that will enable you to be more likely to be approved for unemployment insurance. It may have nothing to do with their policies and may not be required by them, but unemployment is the area where having that doctor's statement for your absence is going to help you.

If you are put back to work, you don't have to quit your claim, don't do anything else about it until they have called you back to work. Keep making the weekly certifcations until the first week Sunday through Saturday that you have been working and have made too much to draw. For exacmple, if they say, "Come back to work starting this MOnday," you will still certify, this coming Monday, for the previous week's unemployment. You then just stop qualifying for weeks, and that's what will stop the claim.

See, I am they type of person who will make mistakes, obviously. What makes me different than a lot of people, I learn from them fast.

What I took from this is:
Go to the doctor NO MATTER WHAT! Even with the kids.
Use a Cell phone when calling in. You can at least track out going calls, local or not.
Call in again if there is any doubt you were not clear, or if you did call in. Does not count twice on you.


I guess I just hope they take into consideration that I could have abused the FMLA and called in for that instead of actually calling in for the real reason. I know, lieing is not good, but how else would they have known? Honesty sometimes can beat you, as this proves. Would this made me a better person? Heck no, but then again I would not be in this situation I guess. I just hope they can look outside of the box a bit when I go in for the rehire that they take this into consideration. Add that I am not a bad worker, Bosses like me. If it was not for the attendance I would be a the perfect worker for them.

Funny, because when I got laid off a few years ago for a flood in our area that just ruined the state, I was job hunting, and came across a job a bit further away. I got the job offer from them the same day I got called back. Sometimes I regret not taking that job. The fear of starting over I guess.

I do have a feeling I may be in the same position again. Like I said, I have applied at job already. Interviews now at 2 of them on Monday after my rehire talk with the current place that fired me. One place looks promising, for the fact I even got in for an interview. This is where I shine. I do interview very well. Pros of the job is that it is : Local, 2 miles away. Not the current employer. Cons: 2nd shift. lower pay ( by 5 bucks/hr ).

I will still file UI. I do not know what is going on yet. The site says that my weekly is 325. So I do not know if it was already going and if I will get a check after the waiting week or what. This might be also why I am going in for a meeting so soon. I know if they offer the job back I will take it unless I have something else lined up. I hate to do that to the union also, because the head steward even told me not to burn him for the work hes putting in ( there have been numerous times where they get people back only for them to screw em over again and get fired, not come back ect ect... ) I think they know better though.

 

[cbg]

I guess I just hope they take into consideration that I could have abused the FMLA and called in for that instead of actually calling in for the real reason. I know, lieing is not good, but how else would they have known?

Of course the obvious answer to this is; no matter how long you are certified for, FMLA is not open ended. There is a limit to the amount of FMLA time anyone can take in a single 12 month period, even if it is pre-certified for the whole 12 months. And if you call in using FMLA for something that doesn't qualify, even if you're not caught, that's FMLA time off your allotment that you won't get to use later.

 

[watertown28]

I guess I just hope they take into consideration that I could have abused the FMLA and called in for that instead of actually calling in for the real reason. I know, lieing is not good, but how else would they have known?

Of course the obvious answer to this is; no matter how long you are certified for, FMLA is not open ended. There is a limit to the amount of FMLA time anyone can take in a single 12 month period, even if it is pre-certified for the whole 12 months. And if you call in using FMLA for something that doesn't qualify, even if you're not caught, that's FMLA time off your allotment that you won't get to use later.

I know that. But you get something like 24 weeks in my case of FMLA which is wayyy more than I would ever use.

Just saying that it almost seems like it would have been much better for me to BE DISHONEST than it would have been otherwise. At times my ex supervisor would do spot calls on me to see if I was home ( though they deny that was the reason ).

I know what your saying, and I would not think about actually doing something like this because it would say a lot about my character... but still... when it comes to putting food on the table sometimes people so silly stuff.

I still right now have a hard time getting over they were balling up the FMLA along with my attendance as "missing a lot of time" from work. To me it makes me think they were just looking for a good reason to rid of me. If it was not for the union ( belive me when I say I am not really a pro union guy ) I might not have been able to even get back in for a second review.

TO me the fact that they are even doing this at least is one good thing. I feel if they had no interest in at least thinking about bringing me back I would not have this.

 

[cbg]

FMLA is limited to 12 weeks. It is not a case by case issue, with some situations getting more and others getting less.

 

[watertown28]

FMLA is limited to 12 weeks. It is not a case by case issue, with some situations getting more and others getting less.

Yes but I thought it was per child?
I do not know for sure I never asked because like I said even 12 weeks is way more than I would use. Usually it was 2 days here, 4 days there.

 

[cbg]

No. You don't get 12 weeks per child, or even 12 weeks per condition. You get 12 weeks, period, for any and all conditions and dependent beneficiaries. When all the two days here and four days there add up to a total of 12 weeks, then you are out of FMLA, regardless of how long you have been certified for.

 

[watertown28]

No. You don't get 12 weeks per child, or even 12 weeks per condition. You get 12 weeks, period, for any and all conditions and dependent beneficiaries. When all the two days here and four days there add up to a total of 12 weeks, then you are out of FMLA, regardless of how long you have been certified for.

Its sad that I have to get educated on this from the internet of all places and not at work. I did not know that and they never really told me .

 

[commentator]

It is not the employer, any employer's job to educate you about your workplace responsibilities or how federal programs work. Companies are in business to make a profit, not to be good to their employees. If this were a non union facility, you'd have been out a long time ago, and it's nice they're giving you another chance. 12 weeks per year for all conditions, anything FMLA over, you can be out the door fast as can be believed. And you can't sue them, either. And for unemployment purposes, you're fired, doctor's excuse for the last absence = no unemployment benefits.

You would, if approved, be able to draw unemployment benefits for the weeks you were out of work after subtracting the first one for a waiting week. But if they let you go, and you filed for benefits,and this motivated them to call you back it still doesn't mean you would have gotten the claim approved. That's a separate thing that started as soon as you filed the claim. You may not get that claim approved, but keep filing for weeks until the first week you have actually gone back to work and have worked and made more than you can draw during that Sunday through Saturday week. What you got that said you could draw $325 a week for so many weeks is called a monetary eligibility statement. It does NOT mean your claim has been approved. It means you have enough wages to set up a claim for this or that amount, for this many weeks, IF the claim is approved otherwise. It will take three or four weeks to approve or deny the claim.

I think you should hang on where you are until you have to be off again and get fired. This new job you've been offered doesn't sound better than the one you've got, and we assume you'll still have lots of attendance issues. BE SURE you always get a doctor's statement for any health related absences, FMLA or not.

 

[watertown28]

It is not the employer, any employer's job to educate you about your workplace responsibilities or how federal programs work. Companies are in business to make a profit, not to be good to their employees. If this were a non union facility, you'd have been out a long time ago, and it's nice they're giving you another chance. 12 weeks per year for all conditions, anything FMLA over, you can be out the door fast as can be believed. And you can't sue them, either. And for unemployment purposes, you're fired, doctor's excuse for the last absence = no unemployment benefits.

You would, if approved, be able to draw unemployment benefits for the weeks you were out of work after subtracting the first one for a waiting week. But if they let you go, and you filed for benefits,and this motivated them to call you back it still doesn't mean you would have gotten the claim approved. That's a separate thing that started as soon as you filed the claim. You may not get that claim approved, but keep filing for weeks until the first week you have actually gone back to work and have worked and made more than you can draw during that Sunday through Saturday week. What you got that said you could draw $325 a week for so many weeks is called a monetary eligibility statement. It does NOT mean your claim has been approved. It means you have enough wages to set up a claim for this or that amount, for this many weeks, IF the claim is approved otherwise. It will take three or four weeks to approve or deny the claim.

I think you should hang on where you are until you have to be off again and get fired. This new job you've been offered doesn't sound better than the one you've got, and we assume you'll still have lots of attendance issues. BE SURE you always get a doctor's statement for any health related absences, FMLA or not.

To be honest I never had issues when I was on 2nd shift. Only when I went to 3rd. I just recently got the 1st shift posting. Heck, the first 2 years I missed 5 days . FMLA or not. Then I got up there the 3 year, worked on making it better and actually got back to 2 points, then this year was the year from hell. It might be probable that it was due to the HBP, left untreated. I know now, got put on meds, which messed me up pretty good for a few weeks ( bad cramps along with lighthead and dizzy )..

I dont know, it does seem like you guys already have a bad impression of me ( like lazy or whatever it may be )
Just was asking basic questions , and followed up with some more in depth on some.

As for employees educating themselves, if the real world only worked that way. I would think 80% of the population would not have the first clue like me of what the FMLA laws are, among other things like I have asked.