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taking my newborn baby to the doctor

by fred
(PA)

My works uses a point system, 1 point for each day missed and when you get to 6 points, you will be fired. I had 4 points and then I had to take my newborn son to the doctor, I called my supervisor and told him but I have to call the call off number also which I forgot to do because of the newborn and getting stuff ready to go to the doctors (he was born 3 days ago) , so I forgot to call the call off number and for not calling into that number they give you 2 points - No Call No Show - is what they call it, even though I called my supervisor, anyway that took me to 6 points and I believe when I go back to work I will be fired. Are they allowed to do this ? Oh yea, they keep denying my FMLA for my new born.



Hi Fred,

Oh yea, they are allowed to do that. An employer can do anything they want as long as it doesn't break any laws .. That's at will employment for you.

But unemployment benefits may be a possibility if the state agrees with you that the reason for discharge is "not with good cause".

Unemployment benefits are often the only recourse a person has and point systems are the worst kind of attendance policies .. for employers because they are arbitrary.

You have me concerned though because of your failure to adhere to the proper call off procedure .. this could be a problem, but since you did speak to your supervisor .. it might be found that it was enough .. it depends on the details of your situation and a number of other uncontrollable factors.

This may include the fact that you were denied FMLA. New fathers are just as entitled to FMLA as new mothers, but this would be more relevant if you quit. If they denied FMLA .. have you requested a personal LOA? Employees should always, always try to preserve the employment and be able to prove that they made efforts.

But ultimately, you may find yourself having to appeal .. because people in your situation are regularly denied unemployment for failing to adhere to an employer's reasonable rule.

I think it will come down to whether a hearing officer agrees with you that given the circumstances .. your phone conversation with the supervisor should be considered adequate notice to the employer to counter a termination for a no call / no show.

It all depends on the focus you choose to argue you should be entitled .. there are no guarantees, just the ability to understand how it all works and to focus on your "best" argument that must show the job loss wasn't your fault.

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