Legal Question in Employment Law in Wisconsin
no fault attendance policy
My company has a ''no-fault'' attendance policy. I have been employed there for 4 months. You get 1 point each time you are absent, once 9 points are reached you are terminated. I have been getting bad migraine headaches and have accumulated 8 points. If I miss one more day I will be terminated. My doctor has given me a note saying I could miss up to 12 days per year due to my disabling migraines. The doctor told me to get the FMLA forms from my employer. My employer says I need to be employed for at least 1 year before I can use the FMLA form. I am undergoing testing and trying new medications for my headaches, nothing has worked yet. I am sure I will miss another day due to the fact that I have been getting these disabling migraines much more frequently than ever before. My employer won't compromise with me and the doctors. If I get terminated due to my disabling migraines, do I have any rights or any way to fight this?
2 Answers from Attorneys
Re: no fault attendance policy
FMLA will not protect you since you have not been working there for 12 months. However, you need to find out from your doctor whether your migrains are severe enough to be a disability. You should do this soon and you should also inform your employer that you are checking whether you have a disability due to the migrains. Your employer may have to accomodate your absences if you have a disability.
I would be glad to talk to you further about this or you should find a employment attorney once you find out the severity of your condition.
PLEASE NOTE THAT THIS IS AN INFORMAL OPINION AND NOTHING STATED HERE SHOULD BE CONSIDERED LEGAL ADVICE OR FORM AN ATTORNEY/CLIENT RELATIONSHIP.
Re: no fault attendance policy
The employer is right about needing to work 1 year before the FMLA applies. However, you might have a disability discrimination claim depending on how the migraines limit you in life activities.
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