View Full Version : Can I still get fired
KEEDY
Jan 28, 2011, 04:47 PM
My doctor gave me 5 days off from work because of my migrane headaches but i wasn't suppose to call in anymore because i was given my final warning for call in's so my question is can i be fired
I wish
Jan 31, 2011, 02:10 PM
Please don't use all caps.
Your question doesn't seem entirely clear. Did you mean that you already used all your sick leave? Why do you think that you can get fired exactly?
Wildsporty
Feb 1, 2011, 07:26 AM
If you have been with the company and have worked at least 1000 hours for them than
You call in and ask to be put on FMLA leave because you will be off a week per doctors orders.
FMLA will hold your job for you as you cannot be fired if you are on FMLA leave for being off work.
If you are not allowed to go on FMLA leave contact your local department of labor and put in an FMLA violation complaint.
Shirley
Emland
Feb 1, 2011, 09:19 AM
Just a FYI: FMLA doesn't apply to small businesses with 50 or fewer employees.
Wildsporty
Feb 1, 2011, 09:26 AM
A corporation, rather than its separate divisions or locations, normally is considered a single employer under the FMLA. When one corporation has an ownership interest in another, they will be considered separate employers for FMLA purposes unless they meet either the “integrated employer” test or the “joint employer” test. In addition, some separate corporations with no common ownership will be considered “joint employers” of the same employee because they both exercise some control over the work and working conditions of the employee, as is common when workers are supplied by a staffing services firm.
As a general rule, you should analyze coverage for employers and employees separately to determine whether the FMLA applies to a particular situation. For example, even though your organization may be covered because it has over 50 employees (even if it has only one employee in each state), a particular employee may not qualify for coverage if he does not work at a worksite within 75 miles of 50 employees or has not worked enough hours for that employer to be eligible. In addition, you should check state leave laws since these may apply to employers that the FMLA does not cover and may provide leave rights to new or part-time employees who are not eligible for FMLA leave.
There are many variables.
Shirley