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Can I get unemployment if I have been fired for absences for docotors appts for my special needs son?

by Nathan
(Paso Robles, CA)

My son has numerous medical issues. Lately he has needed to see a specialty doctor that is 150 miles away. I have missed approx 2 days per month to take him to these appts. My employer says they do not think they can continue to provide coverage for these absences. They have not written me up at all for these absences. They have all been approved. If they do fire me, will I be eligible for unemployment benefits?


Hi Nathan,

How many employees are there? If an employee has 50 or more they have to adhere to the Family Medical Leave Act.

Have you requested or been offered intermittent FMLA? Have you exhausted FMLA?

If you work for a smaller employer that doesn't have to comply with FMLA, but decides to fire you because of being absent to take your son to a specialist you need to read the Attendance portion of the California determination guide .. inparticularly about how they decide benefits if a person is discharged for being absent for a compelling reason.

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To Single Mom.. Fired
by: Chris - Unemployment-Tips.com

If I'm understanding you correctly, then if it were me trying to figure out if I was wrongly discharged, I would be digging into protection under the FMLA (Family and Medical Leave Act) and/or possibly the ADA (Americans with Disabilities Act) and whether I satisfactorily made use of any right I might of had to request a job accommodation.

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Single mom fired
by: Anonymous

My sondas diagnosed with type 2 diabetes in 2013 , when i got hired i TOLD The hireing mánager about my children disabilities ,he said they were flexible. Well my zona sugars have been very high ,WHICH i needed to be supervised by me . i called in have vídeos and doctors note and The mánager said ok being a note. Well The next day HR called me and fired me . now i wont be able to provide for my rent, am i protected by The law , what can i do ?

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layed off fue to daughters illness?
by: Anonymous

My daughter got a severe eye infection and went blind in her eye. It was, and continues to be, a volatile situation. She had three er trips which caused me to miss work, one day I had to leave early on an emergency basis to take her to the doctor, and I missed one week to take her out of town to a specialist. My employer was understanding through all of this and when they hired me part time, prior to her illness, told me they were "flexible." When I returned from being out of town, I planned on going to work that Monday, but she ended up back in the ER. When I told my employer I would be in that Tuesday, she told me " Don't bother coming in" I told her I needed to work. I needed the money. She said, "no really don't need to come in." She then told me, " Don't come back till your daughter is better." But, at this pint, she new it would be a long time before that was to be the case because she had Acanthomoeba Keratitis in her eye, which is difficult to treat and requires close observation for months. She told me to keep her updated and each week I call to let her know it is not better. I told her again " I need to work, I need the hours and the money" But, again she told me, "No don't come back till she is better." There are only four employees in the office. Do I qualify for unemployment compensation? I told her if she was laying me off, I would need to open a case and tell them they don't have the hours. Then she said, "I won't lie about the hours I will tell them we have the hours but that you could not work. Our tax rates will go up." I called Florida Unemployment several times, talked to four different people - got four different answers when I told them this story. There was only one week, when I was out of town, that I was not able to work or look for work. I am able to work, but not a set schedule at this time. I have been looking for work every week, trying to get full time somewhere else, or another part time job to supplement that income I had.

1) Was I layed off?
2) Can I collect benefits?



Hi,

I would say that you were discharged and yes, you should be found eligible for unemployment except for the fact that your ability and availability for work presents a problem.

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Consider the ADA as well
by: Anonymous

There are also issues here under the ADA that should be considered. Did you know that if you are terminated due to caregiving responsibilities of a child, you may be able to file a claim with the EEOC under the "known association" clause of the ADA. As long as you employer was aware of the disability of your child and that you have caregiving responsibilities to accommodate the disability, you may have been discriminated against according to the ADA.

Legally, parents caring for children with disabilities have some protection against discrimination. Amid rising claims by working caregivers in general, the federal Equal Employment Opportunity Commission issued guidelines last year to detail how laws banning discrimination based on workers with known associations of persons with disabilities.

As well, the Americans with Disabilities Act outlaws discrimination against caregivers to the disabled, although it doesn't require that employers accommodate them by changing schedules or job duties, as is mandated for workers with disabilities.

To find our more about the association clause, check out http://www.eeoc.gov/facts/association_ada.html

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Written Warning from my job to be terminated to care for ill child
by: Anonymous

I am pretty much in the same situation. I have a son that has cerebral Palsy and needs to go to Physical Therapy appointments. I am on FMLA for him. I cant take him due to my attendance at work due to giving care for him. I also have a 2 year that was diagnosed with asthma last year and mentioned it to my boss and she never told me that I can get FMLA for her too. Now I received a Written Warning notice and next time it will be termination. I am pressured and in feared to take my children to their appointment without Leave time. I am not sure if I qualify for Tx Workmans Comp if I quit before they fire me. Any suggestions? Single Mom in need of advise please.


Hi,

I'm confused are on FMLA or have you exhausted FMLA. You should get 12 weeks a year .. I'm not aware that you can get 12 weeks per year per sick child. That doesn't even begin to make sense.

If you are on FMLA and providing the employer with the appropriate documentation .. why are they writing you up for attendance?

You just need to keep supplying your doctor notes to the employer and requesting the time off when you need it.

You can't not take care of your children and as long as attendance is what you will be fired for and as long as you keep documenting with Dr. notes for the occurrences you should get unemployment benefits.

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Thank you
by: Nathan

I read the attendance portion link you left for me and that answered my question. So far all of my absences have been approved, though they give me a hard time for them. If they do decide to begin to reprimand and fire me for these my case would be that it was not misconduct, because I had a compelling reason for the absence, IE special needs child. So I now have the confidence to take care of my child, though I could still be fired, I believe I could win the case for unemployment. And to answer your question, we have just conveniently fallen below 50 employees, so family medical leave is not an option. I sincerely appreciate your assistance.



You're very welcome!
Chris

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