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.


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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When the doctor is out
by: Chris

I experienced something very similar while on FMLA. My employer decided to lay me off on a day I thought I was still on leave. It was only then that I actually decided to take a look at the leave papers. Lo and behold, my RTW date as filled out by the comp management company handling my leave for my employer, shorted me one week of leave.. as if the doctor's paperwork had meant nothing.

I was suspicious, but only after I started answering questions here did an employee of a comp management company tell me it was not unusual for an employer to code an employee approved for leave as DNR (do not return).

My first call of course, was to my doctor as I thought I could get him to modify my return to work date and that would solve my problem .. I'd be laid off on my RTW and then be eligible for benefits without problems.

he was on vacation in Europe and would not be returning until after the RTW the comp mgmt. company had chosen.

That would of made my separation a discharge for attendance, but a voluntary quit by failing to return from a leave of absence.

So, I did what any employee should do .. inform the person managing their FMLA leave of their problem and request an extension of leave until the physician can sign off, one way, or another on the need for more leave.

I knew enough that when communicating critical information with an employer, you're ahead of the game to document what is said .. even if an employer, or a third party seems to want to keep things strictly verbal .. (that's nothing less than a reverse strategy to an HR type idiom "if it isn't written down, it didn't happen". Th comp mgmt co. denied the leave extension over the phone so I took to email and created documentation meant to confirm my understanding of the conversation.

Suffice it to say, they changed their tune and extended my leave until I could get in to see my doctor to avoid the possibility of me filing an FMLA compliance complaint .. although no employer, or third party would admit to ever trying to manipulate situations by keeping it verbal to avoid the employee being able to prove an ER action may be a violation of an important employee right.

So, my question to you (regardless of your temp status) is did you put, or get anything in writing relative to this statement?

"They told me that was fine to have him fax it the next week . when my doctor returned he faxed them a letter stating my official RTW date would be 10/29/14."

It would make your life and your claim so much easier if you could just pull out a piece of paper that proves a positive on a claims sticking point.

As for the determination not yet being issued .. you will need to get on the UI dept. to issue it as no one can fight for, or against benefits with an appeal to a hearing until the determination is issued by the adjudicator handling your claim.

You also didn't mention which state you filed the claim in, but this might only be important for me to know if over eight weeks of waiting for the initial determination is common, or unusual for the state.

It's not just UI laws that vary by state, but it's also the performance of meeting timely guidelines that varies.

similar situation...
by: kellie

I was hired as a temporary employee for a medical office affiliated with a private hospital. At first I was told they would only need me for 2 months, and I was fine with that. I was previously out of work for on going medical conditions, that I would rather not speak of, so knowing I was still getting sick often this temp position seemed perfect for me at the time. After my first two months I was informed that they had put me on schedule for the entire summer, which would be an additional 3 months. I wasn't told why but I was doing ok health wise an stayed on the job. One day I come home to mail from 1199 the hospitals union, it was health insurance cards, but I was never told anything about joining any union so I immediately brought this to my directors attention. He had a look of great surprise on his face, almost fearful, when showed him the letter and he said "shit, um let me look into this and I will get back to you." a few weeks later he explained that this was 'ok' and not to worry but confirmed with me in writing which I signed that I was aware that I was still only a temporary employee- I signed it and was told every two months after to read over and confirm I understand this policy. Aprox. A year later I became ill and requested a FMLA , which was approved. My doctor chose to update my date every couple of weeks rather then give an exact time frame, because we were doing trial medications and we couldn't say what would work or how long we would need to find out. On October 15th I went to my hospitals HR office to inform them that I would not be returning that week but my doctor couldn't update my paperwork until the next week because he was away and being a private practice, no one was in the office . They told me that was fine to have him fax it the next week . when my doctor returned he faxed them a letter stating my official RTW date would be 10/29/14. It is the hospital policy that you be cleared the day prior to your RTW day, so I went to HR on 10/28/ to be cleared. I was asked to wait , I sat about 20 mins, and then was called into the supervisors office. He handed me a typed letter with that days date, stating I was terminated for being AWOL. When I explained my situation, he explained that they never received any letter from my doctor after my last visit. I offered to show him a copy of the leter, contact my doctor, etc. but he refused everything. He stated it was too late and that I could take it up with the union but it wouldn't matter most likely because I was a temp hire anyway. I still contacted the Lutheran union rep for a grievance because I knew what he did wasn't right but he told me that he could not help me because I was a temp and he only represents full time employees. So as you can guess, my employee is contesting my unemployment. Its been over two months since I first claimed and I file every week but still nothing. I got a call from a women finally two days ago, asking me to provide her with a fax confirmation of the letter my doctor sent. No being sure if he would have it, I asked for other options and she said he could write a letter on my behalf. Luckily my doctor did file the confirmation and I faxed it to the woman. Now she said that she will make a determination, but stil nothing. I don't know if I was denied or what, but since there is no payment I am assuming the worst. Any advice on appeals for this matter would be greatly appreciated. Thank you.

by: Anonymous


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.

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

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.

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


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.

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