What are my rights if I was terminated for violation of the absence policy?
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What are my rights if I was terminated for violation of the absence policy?
At my employer the absence policy was for me as I had been there over 2 years, 9 absences in 6 months. I was at 7 when I became ill. I was out of work 2 days and saw my physician who provided me with a note to give to my employer. My employer refused to accept my physician’s note and said it didn’t matter when I asked, so I was terminated. I applied for unemployment benefits and was asked to send documentation as I did and anwsered questions regarding my absences, unemployment determined there was no
Asked on April 3, 2018 under Employment Labor Law, Minnesota
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
If you missed more than the 9 days permitted under your employer's absence policy, you could be legally terminated. The law does not let you miss work, even for illness/injury (or recovery therefrom) or with a doctor's note, if you miss more than you are allowed by your number of sick days or an absence policy, unless you were able to use (and did in fact use) Family and Medical Leave Act (FMLA) unpaid leave for the absence. (to be able to use FMLA, your employer must have more than 50 emloyees located within a 75-mile radius, you must have worked there at least one year, and you must have worked at least 1,250 hours in the last 12 months). Missing more work than you have PTO (e.g. sick days) for or are otherwise permitted by the employer when you do not or cannot use FMLA leave is grounds for termination.
The fact that you receive unemployment benefits is irrelevant: you may be legally terminated without "employment misconduct" and when you are eligible for unemployment.
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