QUESTION
I've been told that if I call in sick or come in late again I'll be terminated. Is this something I should pursue legally?
Asked on Apr 03rd, 2013 on Labor and Employment - Illinois
More details to this question:
I was in a car accident in February of 2012 and was out for about 3 weeks. I was told right before I came back that if I didn't come back soon I'd be replaced with someone that could work because it was busy. Ever since I've been treated different when I'm sick. I have allergies & I get sinus infections or bronchitis often. I'm also a migraine sufferer. Now I've gotten 2 warnings the 2nd one I just received for having a migraine I couldn't get rid of for a few days. It says if I call in sick again I'll be terminated. I haven't been late since I was told even 1 minute is late. Do I have a legal case?
1 ANSWER
4 Awards
If you have been a full time worker for the last 12 months (working at least 1250 hours), and your employer employs at least 50 employees, then your migraine sitation could possibly be construed as a "serious health condition" under the FMLA which would entitle you to intermittent leave under the FMLA. You should probably check first with your doctor to see if he/she considers this condition serious enough to qualify, and then meet with an attorney to review your facts in more detail to see if you meet the conditions for leave under the FMLA
Answered on Apr 04th, 2013 at 3:23 PM