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-   -   Can you be fired for being sick with a doctor's note? (https://www.askmehelpdesk.com/showthread.php?t=539946)

  • Jan 2, 2011, 05:38 PM
    helpless45
    Can you be fired for being sick with a doctor's note?
    I have severe depression which has affected my work abilities since I work in a very stressful and strict customer service environment. By this I mean that I get graded on things such as my tone of voice and how my customer's are treated. This has become a problem because when it started to get bad when I had to call off work for fear of not performing up to the standards required and losing my job (aka telling someone to **** off or crying while on duty) I am now on probation for attendance. So basically I'm trying to get FMLA for time off or intermittent leave so I don't lose my job, and in order to do so I have to go to the doctor which will result in missing work (because of my schedule) and if my doctor/unum does not approve the FMLA I will technically be at RFT. So my question is.. will I be fired if I have a Doctor's excuse?
    Any insight or suggestions would be greatly appreciated. I'm not sure what to do but I am very desperate for a solution. Also if your wondering I have also tried to contact Unum to try and get more information but they are not open weekends so if anyone has any information please help me I'm desperate and cannot afford to lose my job. Thank you for reading
  • Jan 2, 2011, 05:47 PM
    ScottGem

    You can be. I would clear it with your supervisors before you take the time off.
  • Jan 2, 2011, 05:51 PM
    helpless45
    My supervisor and I spoke for about an hour today trying to figure this out, anytime approved time off has to be scheduled by the availability of time, I had originally attempted to schedule personal personal time and time to have a Doctor's appt

    (cont'd) both which were denied because our vacation has been refilled and so everyone has scheduled vacation time since they can. I also asked if she could do a supervisor override so I can take time just for the appointment and she said she's...

    Not able to do so, so if it were up to her it would be fine but she does not have the ability to approve it. I just have no way of knowing if the FMLA will be approved. I don't know if there is a way I can find out for sure?

    {Comments merged}
  • Jan 2, 2011, 06:05 PM
    ScottGem

    Please don't use the Comments for follow-up. Use the Answer options below.

    Have you tried talking to HR or see if your doctor can accomdiate an off time appointment.
  • Jan 2, 2011, 06:12 PM
    helpless45
    Ok, sorry I'm new to this. No this has pretty much gotten worse within the last few days but that is a good idea asking my doctor to accommodate a time that would work with my schedule. I actually think there is a doctor at the office I go to that offers appointments in the evening but I don't know if that would work since it is not my regular doctor? I will attempt to talk to HR but usually that has proven to be worthless. Thank you for your suggestions I really appreciate it.
  • Jan 2, 2011, 08:10 PM
    Fr_Chuck

    I will address your question first, yes they can fire you for taking off.

    But what type of treatment are you under for your problem, Your work is not going to change, this type of work is hard, very stresful and often has very high job turn over.

    So what is going to change in 3 months or 6 months from now, that will make it OK to go to work,

    Also the time off will be unpaid, so you can afford to be off for a longer periold of time ?
  • Jan 6, 2011, 09:57 AM
    helpless45
    I'm on medication and I have filed a claim with fmla so I'm just hoping that gets approved at this time.
    Yes your right about the job turn over. I've never seen anything like it, it is very stressful and I've been able to deal with that in the past but it's becoming much harder with my condition.
    As for your question about what will change in the next few months, I've started a new medication and am going to start seeing a psychiatrist to try and find a solution so that I will be able to handle going to work.

    @ScottGem my doctor did accommodate my schedule and was able to see me last night. So thank you for the suggestion that was very helpful.
  • Jan 6, 2011, 12:02 PM
    Fr_Chuck

    And you do know that FMLA is a unpaid leave, you do not get paid while you are off

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