Legal Question in Employment Law in Pennsylvania

Attendence

I have been working at a company for about a year.Their attendence policy is you are on a final warning after the 5th absence even with a doctors excuse.The first time I missed i was in a car accident and was out of work for 2 months.second was because of a family emergency.third was weather related.fourth was that i had laryngitis for ten days.fifth was flu related.My job entails me to talk on the phone for 10 hours.I had gone to them several times during the time i had laryngitis asking if there was something that i could do besides be on the phone and they said no.Every time i have missed i have had a medical excuse and they still have counted those against me.a manager told me that my family emergency isn't my concern. My work comes first and my family comes second.My grandmother has emaculate degeneration and she needed me one day.My family is not close and when my gram needs help she depends on me..but my work had told me that they can't give me a FMLA because as of their paperwork i am not considered her primary care giver.with a medical excuse can they fire me for being sick?they asked me what they could do to help with my attendence,there was a shift bid & I requested a better shift,they declind it because of my attendanc


Asked on 4/23/05, 6:26 pm

1 Answer from Attorneys

Terrence Valko ERISA Disability Lawyer

Re: Attendence

if u asked for Family Medical Leave act protection and they did not afford you the same. you may well have a case if the employer has greater than 15 employees.

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Answered on 4/25/05, 8:39 pm


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