Can i collect unemployment if I am fired for attendance.....

I work for a bank and have medical issues. I have no shame, I have IBS. I've given a dr's note late 2008 to my manager stating that I may have to go to the bathroom frequently. Which at the time was able to let me take unexcused bathroom breaks without affecting my stats. Then early Feb 2009 I was approved for intermittent FMLA, I ran out of time late October. Also during this time I started taking medication for OCD from my psychiatrist. Sometimes I've left during my shift because of the effects of my medication had on me working in a bank call center. I always informed the proper people when I would leave, I even disclosed to my superiors that I was on medication for various things. They have even noticed the effects some of the medication had on me during this time. All of this has built me up to a final written warning. Now today I went to work, the past few days I've had flu like symptoms, I was at work for 5 hours today, and I just couldn't bear it anymore. I spoke with a manager and told her everything and that I needed to go home due to me feeling sick. I am almost sure this is going to lead up to me being fired tomorrow.


Hi,

You know that this is what they want to do .. just make you go away because employers do not like it when we have ongoing health issues .. right?

Are you certain that the employer reduced your intermittent FMLA in the correct increments of time you were gone? I mean if you were only gone a half day .. they can't reduce your time by a whole eight hours.

I'm not sure what state you are in, but my general advice about your unemployment benefits is to make sure the state knows that the final incident and it sounds like in your case all incidences were for "illness".

You exhausted your FMLA but the employer is writing you up for attendance issues anyway .. due to being gone for health reasons .. If you explain to the state that the employer was well aware of why you were not at work .. it will be fairly easy to get unemployment.

The employer couldn't do anything while you were on FMLA, but once that was over .. they felt free to pursue discharging you because you were no longer protected by FML.

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Dec 20, 2009
Update missing info....
by: Anonymous

I'm sorry I forgot to mention that I live in pennsylvania. As far as I'm aware they have deducted the fmla hours properly.

Jan 08, 2010
I work for Aetna
by: Anonymous

And I know that's what Boeing does to its employees. Aetna handles Boeing leaves and disability claims. Once a Boeing employee reaches 50% exhaustion of FMLA benefits, we get notification that that person has to have "special" return to work requirements. In fact, I think it's called a "KANA 4 DO NOT RTW" ticket. Beats me. I handle those calls in mixed business but I wasn't trained in the boeing calls. I just take them so our managers can make bonus.


That's very interesting.

Before I was laid off .. I myself had to deal with the company that managed my FMLA claim .. there was no doubt in my mind that what occurred was an attempt to make even unemployment impossible for me by virtue of a failure to RTW.

The only thing that kept running through my mind after all was said and done was .. thank goodness I did what I did for a living otherwise I might have been screwed.

And that was the impetus for starting this itty bitty website about unemployment benefits

Chris

Jul 21, 2010
can i draw unemployement if I am fired for attendance?
by: Anonymous

I have less than a year with a large bank and have colon cancer. I am on unpaid leave for surgery but i have 6 months of chemo and will not be able to take leave a day at a time. I would rather work, but this "leave" does not protect my job in addition to being upaid. If I return and am fired for attendance ( I will be - I have to miss 4 days a month just for treatment) can I draw unemployment benefits when I have only worked for this company for 8 months?


Excuse me, but FMLA is unpaid leave too and FMLA leave does protect your job for three months, but after that .. they will most likely terminate you and as long as you request an additional personal LOA to get you through the rest of your treatments .. and document, document, document you will be able to collect unemployment as soon as you are able and available for work.

If you have already exhausted FMLA .. then your medical documentation should explain the circumstances for being absent were beyond your control .. just make sure you never fail to follow the employer's call off policy .. or that can be used against you as the "misconduct" element needed to deny benefits .. regardless of being ill.


Nov 16, 2010
can i draw unemployement if I am fired for attendance?
by: Anonymous

Less than a year on the job,,, better check to see if it is covered.
I thought FMLA only covers if more than one year on the job or at least 1250 hrs of employment

Sep 21, 2011
help scared of getting sick
by: Anonymous

hi ive been with my job 14 years and i have fibromayglia this really hurt sometimes i can't get out of bed I took a leave of absence last year to restore my health, I also have low immune system and i need b-12 shots every month. last year i was written up for taken too many days, brang in doctors notes she says she did not care.




I can't tell you how many times I've written about the value of doctor notes to show that an absence then becomes something beyond your control and therefore shouldn't be considered a discharge for misconduct.

If your employer employs fifty or more employees .. then intermittent FMLA is what can protect your job from loss and becomes an avenue you should always pursue in an effort to preserve your job.

If FML is not available to you .. it's not available, but it does not alter the fact that people working for small employers .. get sick too and all this is for the purpose of getting unemployment for a valid reason.

The wild card is the employer and how they react to your documented medical need to be off of work.

Not caring .. is not the advice I would give an employer .. if they asked me about this.

Jan 20, 2013
WAS FIRED WHILE OUT SICK.
by: Anonymous

HELLO FAR AS I CAN SEE I WAS WRONGFULY FIRED.I WAS OUT SICK AND I CALLED INTO THE SUPERVISORS OFFICE AND LEFT MY INFO EVERYDAY.BUT I KNOW NOW I FAIED TO GO THROUGH THE IT THE PROPER WAY,BUT DID"CALL IN".I CAN COMPLETELY UNDERSTAND GETTING CORRECTIVE ACTION,BUT NOT BEING OUT RIGHT FIRED BY SENDING ME A LETTER IN THE MAIL.MY UNION IS WORKING IT SO WE WILL SEE.

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