Can I be denied a promotion due to Intermittent LOA under FMLA?

I have been with the same company for 2 years and watched numerous people promoted around me since I began. My statistics are always in the "Exceptional" range. I have applied for and been contacted back to interview for the same positon four times and I have never been offered the position. When I ask for feedback I am told my interview results were great and it just could be Attendance related (as to why I did not get chosen for the promotion). My manager told me he would no longer accept my doctor's notes and I did have a Final warning given to me on Jan 3,2011 for attendance for missing days of work due to my illness. I then applied for FMLA Intermittent LOA upon receiving the Final warning for Attendance and it was approved. However I was told by management that the Final warning should not be considered concerning a promotion after the 12th month of receiving the Attendance warning. No further attendance issues, outside of the Intermittent time I take, have occurred. On average I may miss 2-8 hours a week of work due to my illness. Does this seem like a discriminatory practice related to my utilizing FMLA Intermittent time?

0 answers  |  asked Jan 24, 2012 4:00 PM [EST]  |  applies to Georgia

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