QUESTION

I am in sever pain due to a spine injury & my employer is not wanting to work with me. Can I be fired for tardieness or absence before my FLMA starts?

Asked on Sep 12th, 2014 on Wrongful Termination - North Carolina
More details to this question:
I suffered a severe injury to my back however, I have been attending the local pain clinic and doing my job to the best of my capabilities. My manager took off a whole month earlier in the year due to a non work related injury. However, now that I have become injured and in need of medical services my employer is not willing to work with me on tardiness or unplanned absences due to the extreme pain (I birthed my child with no medication and this is by far the worst pain I have ever felt, much more than child labor.) I have been threatened to be terminated by my employer on more than one occasion and am now in fear that I may lose my job, and my benefits package that I am relying on to help me pay for my spine surgery later in the year.
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1 ANSWER

Employment Law Attorney serving Concord, NC
4 Awards
Not clear on your circumstances. If you are missing time away from work, whether tardy or missing whole days, then why would it not be covered by FMLA? In any case, in general, an employer can terminate you for any matter that is unrelated to the FMLA leave.  However, if the tardiness or absence is related to the condition for which you will use FMLA, then it should be covered as well.
Answered on Sep 12th, 2014 at 12:19 PM

I am an experienced attorney focusing on employment law in North Carolina and Tennessee. This post/response is not meant to constitute legal advice.

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