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I was out under FMLA from work for a 7 day period. I have 3 docters notes for the time I was out...I am diabetic and have kidney disease. How can I be written up for work performance if I was not even there? Isn't it there responsibility to make sure someone else does my job if I am unable to because of a medical condition?

2007-02-10 04:10:24 · 5 answers · asked by flirtie 2 in Politics & Government Law & Ethics

PS I am in the process of trying to find someone to donate a kideny for transplant.

2007-02-10 04:11:30 · update #1

Originally I was given 3 choices...I could immediately tranfer to another department, take all of my FMAL time now, or resign. I refused to sign that paper and did meet with my supervisor and HR person. They cannot by law force me to resign, there are no other positions to transfer to at this time, and I am still in my same position. My supervisor even made the comment that if if continued he would fire me not for being out, but for job performance. We have for now made my schedule more flexible until I can transfer.

2007-02-10 04:23:14 · update #2

5 answers

Thanks to the gestapo mindset in Washington these days, many employers are venturing into previously undreamed of areas of abuse. Many will now take action against their employees for getting ill, even from work related causes.

You should ask if the person doing the rating was aware that you were sick, or if they, as usual, didn't show up for work without taking leave. That scenario is also getting to be common.

2007-02-10 04:18:12 · answer #1 · answered by ? 6 · 2 0

No, If you were out from work under the FMLA then they can not do that. I do believe that they should have had some one cover your work while you were out. Do you have a union? If so consult with them about the matter. If not you can look on the web and look up FMLA to see what are your rights, but I don't believe they can do that. That is why they have FMLA.

2007-02-10 04:26:32 · answer #2 · answered by Cindy 6 · 0 0

There should be a way for you to complain about unfair treatment in your workplace. Take your issue to your HR Director and file a complaint if you get no resolution.

Edit - BTW you have to apply for FMLA prior to being out for the act to apply to you.

2007-02-10 04:18:07 · answer #3 · answered by meathookcook 6 · 0 0

It sounds like they may be discriminating against you because of your illness which causes you to miss work. You need to meet with the director of human resources at your company to express your concern.

2007-02-10 04:40:14 · answer #4 · answered by Anonymous · 0 0

dont u have to sign it ... i wouldnt sign it ... if it was for work done on a day u were there its another story ..

2007-02-10 04:15:49 · answer #5 · answered by Anonymous · 0 0

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