Legal Question in Medical Leave in Tennessee

Missing work for Dr. appointments

Recently, I have had to take my son to the dr for a pre-asthmatic condition. It came on unexpectedly and required immediate medical attention. When I called my supervisor to inform her of the situation, she showed no empathy and insisted that I be at work by 11am. I informed her that I was unsure of the time that the dr. office would allow walk-ins and assured her that I would try my best. As soon as we hung up, she called me back and told me what she would do if it were her child and suggested that I do the same. Since then, I have had to take my son back to the doctor for follow up visits. She has been very rude and has been implying that she will not allow me the time off for my son's next appointment and that if my absenteeism continues she is going to take disciplinary action against me for excessive absenteeism. I have provided notes from the doctor for every trip I have made to the doctor for myself and my child. I also have to make regular visits to my doctor for prenatal care. I guess my question is, can she legally terminate my employment for this?


Asked on 4/18/06, 11:28 pm

1 Answer from Attorneys
James R. Becker, Jr. Becker Law Firm

Re: Missing work for Dr. appointments

It depends on if you are covered by the Family and Medical Leave Act ("FMLA"). If you work for an employer that has 50 or more employees within a 75 mile radius of where you work and you have worked the past 12 months and 1250 hours for this employer, then it is most likely that you have FMLA coverage and most discipline would be illegal.

[Disclaimer: The above comments are not intended as nor should they be relied upon as "legal advice", which can only be obtained by personal consultation with a retained attorney; at which time the specific facts and circumstances of your case can be thoroughly evaluated. This reply is provided for general informational and educational purposes only, and does not create an attorney-client relationship with the responding attorney.]

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Answered on 4/24/06, 2:01 pm


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