watertown28
Junior Member
What is the name of your state (only U.S. law)? Wisconsin
Okay this is a mess..
Here is the story
My work has a call in policy where you must call in every day you are off work UNLESS the doctor give you a time frame to be off... but you must call in up to that time.
What happen is this:
I have 2 disabled kids. I have been approved FMLA for both kids on a "as needed" bases so I can use FMLA at any time.
I was using FMLA from the dates of the 26th to the 31st. The thing is they have no record of me calling in on the 26th. They marked this down as a no call no show which gave me three points and that put me to the point total of 14 which resulted in my firing.
I called HR on the 27th to let her know what was going on. I told her I was on FMLA and just wanted to touch base with her to let her know the situation. I also called her on the 31st to let her know the kids were better and that I would be returning to work the next work day.
Both times nothing was said about the missed call. In the attendance book they put me down for FMLA ( I got holiday pay for it )but sometime they checked to recorder and discovered that I was not on there so they moved the FMLA day from that date.
So this is my record:
1-17-12 Trasprotation
1-31-12 Late no call ( this one was because my locker would not open, had to get a mechanic to open and I could not get on the floor without my gear due to it being food safety/ personal safety...) they still counted it even if it was work related.
3-20-12 Sick
5-09-12 Sick
6-23-12 Sick
6-26-12 Sick LOA
7-6-12 Trasportation
7-7-12 Transprtation ( I finally got a co worker to give me a ride there after so getting to work would not be an issue )
10-5-12 sick
11-15-12 sick
11-26-12 sick
12-26-12 no call no show.
Each one listed is 1 point each with the exception of the 12-26-12 one which was 3 which put me at 14. I know a few of the "sick" have doctor notes with them so its not like I just took off without seeing the doctor a few times.
With that said, would FMLA cover that still? I can not get land line phone records because it was a local call and from what I was told only legal people can like cops and the courts. SO I have no way to know if I did or not. It was a long night with my kid who I was up all night with caring for with the fear of him aspirating on his vomit. By the time it was time to call in at 5am or so, I know I was way tired, so I can not recall if I did place that call... even if I did realize that I did not, I would still have called in late because that would have been better than the no call.
I made them aware the following day of the FMLA, without knowing I did not call in the day before, nor was it brought up in the conversations at all until yesterday ( the 2nd of Jan )... do you think I have any kind of legal leg to stand on with this?
Also, I was wondering about the UI also. Would I quality for it?
Okay this is a mess..
Here is the story
My work has a call in policy where you must call in every day you are off work UNLESS the doctor give you a time frame to be off... but you must call in up to that time.
What happen is this:
I have 2 disabled kids. I have been approved FMLA for both kids on a "as needed" bases so I can use FMLA at any time.
I was using FMLA from the dates of the 26th to the 31st. The thing is they have no record of me calling in on the 26th. They marked this down as a no call no show which gave me three points and that put me to the point total of 14 which resulted in my firing.
I called HR on the 27th to let her know what was going on. I told her I was on FMLA and just wanted to touch base with her to let her know the situation. I also called her on the 31st to let her know the kids were better and that I would be returning to work the next work day.
Both times nothing was said about the missed call. In the attendance book they put me down for FMLA ( I got holiday pay for it )but sometime they checked to recorder and discovered that I was not on there so they moved the FMLA day from that date.
So this is my record:
1-17-12 Trasprotation
1-31-12 Late no call ( this one was because my locker would not open, had to get a mechanic to open and I could not get on the floor without my gear due to it being food safety/ personal safety...) they still counted it even if it was work related.
3-20-12 Sick
5-09-12 Sick
6-23-12 Sick
6-26-12 Sick LOA
7-6-12 Trasportation
7-7-12 Transprtation ( I finally got a co worker to give me a ride there after so getting to work would not be an issue )
10-5-12 sick
11-15-12 sick
11-26-12 sick
12-26-12 no call no show.
Each one listed is 1 point each with the exception of the 12-26-12 one which was 3 which put me at 14. I know a few of the "sick" have doctor notes with them so its not like I just took off without seeing the doctor a few times.
With that said, would FMLA cover that still? I can not get land line phone records because it was a local call and from what I was told only legal people can like cops and the courts. SO I have no way to know if I did or not. It was a long night with my kid who I was up all night with caring for with the fear of him aspirating on his vomit. By the time it was time to call in at 5am or so, I know I was way tired, so I can not recall if I did place that call... even if I did realize that I did not, I would still have called in late because that would have been better than the no call.
I made them aware the following day of the FMLA, without knowing I did not call in the day before, nor was it brought up in the conversations at all until yesterday ( the 2nd of Jan )... do you think I have any kind of legal leg to stand on with this?
Also, I was wondering about the UI also. Would I quality for it?