Legal Question in Medical Leave in Illinois
FMLA question
My husband was told by his neurosurgeon he needed to go into hospital for tests to see if his titanium rods in spine needed removed or if a bone fusion on his vertebrae needed redone. This is to be all day testing on 2 separate days in same week. I told my bosses same day I found out (day he went to doctor). THey told me they couldn't let me go because I hadn't given 2 weeks notice (company policy on time off). I gave them 1 week 1 day for one appointment and 6 days notice for the other. What are my legal rights here and can I be fired if I go anyway?
1 Answer from Attorneys
Re: FMLA question
You need to work this out in a non-confrontational way. If you can make it easy for your work to let you get the time off, then you should do so.
At the end of the day, you have to make the decision whether you want to stand on the law (as they are) or risk losing your job.
Sure, you MIGHT win if you have to sue them later, but is it worth it on this occasion, or can you strike a deal that will meet both of your needs.
Check to see whether there is a company ombudsman, and go as high as you need to to see whether an accommodation that works for you can be reached.
For example, maybe the doctor can weigh in here and tell them that the second test is really just a continuation of the first test,--it's all one procedure, in which case, you might squeak by on notice. OR, there might be an emergency clause, that can be used here.
At any rate, be creative so that no one loses.
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