I was fairly new to my job, had started on 12/20/2012. We had a three week training course and then was placed on the phones to take client inquiries. During that time, I missed a day of work on 1/18/2013 due to a large snowstorm hitting my area and injuring myself while on my way to the bus stop for work, and then on 1/25/2013 I came down with the flu. I ended up having to go to the emergency room that day and spent several hours there, into the next day, being treated for high fever and dehydration. I was given a medical excuse by the attending physician for that day, Monday, through Thursday, and was released to return to work Friday. I called every day two hours before my shift to inform my manager and the attendance telephone line that I would be absent due to my illness, offered to scan and email, fax or have someone physically bring my note from the hospital and the attending physician, along with my discharge papers showing the time that I went into the emergency room and what time I was released. On Thursday, my manager and my human resources manager called me to inform me that due to excessive absences in my first 90 days of employment, I was being terminated without chance of rehire. The policy as it was given to us in our training class when we started was that if we were sick and we were deemed contagious we were to under no circumstances come into work, as we worked in an office with many other people and illness, especially something like the flu, could be spread rapidly. The doctor said that while I would be better off staying out until next week, I shouldn't be contagious anymore past Thursday given the timeline of my illness. Given that I have medical documentation of my treatment, was in compliance with the attendance policy as stated in the employee handbook's revised edition, and the absences, because of being for the same thing, should have been grouped together but were not, is my termination legal? If it is, is there any legal recourse I could have to at least get my eligibility for rehire reinstated?

You can be fired without cause and since this was not discriminatory, I doubt you can do anything about it. Sorry to say that the snowstorm story sounds pretty elaborate and silly. I'd guess the other employees made it to work on a timely basis despite the weather. I think that story sunk your ship. They probably would have believed and accepted the flu situation with your documentation if you hadn't had this other situation a week prior.

Just move on and find another job. I know it's hard but frankly, even if you were able to force them to keep you on, you'd have a target on your back and it would never be a pleasant situation. And next time you get a job, I would recommend stocking up on advil and Dayquil and showing up unless you are your deathbed with a guarantee that death is imminent if you are new to the job. Employers always say to stay home if you're contagious but rarely mean it. I know it's terrible advice to go to work when you're sick, but that's the reality of today's job market.

You can't be late to work, cannot take unexpected time off unless it's absolutely desperate, and really need to tow the line if you want to keep a job today.

I did have medical documentation for the snow incident. Since I had back surgery last year, falls like that are considered very dangerous for me, and I did have to go in for x-rays and medical attention and had to go back to using my cane again after the fall for the rest of my time employed with them. Furthermore, my job let us out of work early the day before because of the snowstorm, and we were late coming in the next day, the day that I fell and wasn't able to make it in, because of the bad weather. I was told that incident wasn't going to be held against me because of the medical documentation the site's own inclement weather line mandating an early closing and a delayed opening. Because of the weather many other employees didn't make it to work that day either, but it was up to managerial discretion whether to hold that day against us if we couldn't get in even at the delayed time.

You can be fired, esp on probation. Normally most places will fire you for any absence during the probation period. All the places I ever worked was like that.

After probation they allow some absence but not during probation.

They view probation as a sign of how you will be after it is over. During probation they may file you for any or no reason. Thus the reason for a probation period.

Again, you can not compare YOU to other employees, only to other employees on probation.

I think you are confusing 'employee at will' and the right to terminate you at any time and any reason, including excessive absence regardless of cause, with the ADA laws. You did not apply for the job with a stated disability. I doubt that they even knew about your back surgery, and didn't have to hire you if they did. They can even decide that you are a future risk because of your back or a tendency to frequent illness.

As for following policy in the policy handbook, that's fine, but it doesn't preclude their right to deem you someone who is either injured easily or who gets sick easily, whether any of that is just bad luck at the start of this job or not. Even people who have worked at jobs for years who start getting sick a lot can be terminated, unless company policy says otherwise, or unless it's a government job that has even more protection.
Sorry.

This policy deals with what you should do if sick. It is totally separate from the company's decision on excessive absences. When under probation you need to be careful about what you do.

Sorry, but you have no legal recourse here.

On the other hand, you can leave this job off your resume, unless you left your previous job for this one.

I was an HR director for years and I agree with these answers. Unless you are covered by a labor agreement you are likely an at will employee. Under those circumstance you could be terminated and anything at all.

And even in most unions where there are labor agreements, the employee is still not covered while on probation, and can be fired for any reason during probation .
* can vary by contract but this is how all union agreements worked that I have seen.

Thank you very much for all your answers. I appreciate the help you've given me.