Legal Question in Medical Leave in Texas

How many days do you have to be out in order for employer to ok fmla?

I had a knee injury and was in alot of pain, could not walk so i missed work one day to see the doctor. I did not have any sick time left but my employers nurse denied fmla. The reason she gave me was that i only missed one day and did not qualified for it. I had a doctors note, but that did not matter. Now they gave me a written warning but i refuse to sign the form. One of the managers that wrote me up agreed to take me to Human Resources and we both spoke to him about the problem and he agreed to talk with the company's nurse. He said that as so as he finds out why she denied it he would call me on the first of December but my manager mentioned to him that i was going to have knee surgery that day, and so he said he would call me on tuesday but he never did. I went on fmla on December 1-1997 and returned back on December 26-1997, on December 27-1997 two other managers talked to me about the written warning and i refused to sign for the second time. Now they are going to set up a meeting with HR and myself. I know that they are trying to find a way to fire me because a couple of months ago i went to EEOC and complained about them. Do i have to sign the written warning and if i dont can i get fired? I am a single parent with very little education and need my job but i feel like they are out to get me. How many days do you have to be out in order to qualify for fmla?


Asked on 12/28/97, 2:25 am

1 Answer from Attorneys
Luther Sutter Harrill & Sutter

MORE THAN THREE IS THE KEY

Generally, you must be disabled for more than three days. But visits to the Dr. to see if you are seriuosly ill are covered regardless of the number of days. See a lawyer immediately!!!

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Answered on 12/29/97, 11:09 pm


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