Can i be fired for excessive absenteeism when i ha e a doctors note every time and im a diabetic and im missing work due to my diabetes not being under control and employer knows i have medical problems.
Im a diabetic and the last six months i cant keep my sugar under control. I go to doctors all the time for this. My doctor gives me a note every time for missing work. My employer knows about problem. Employer says next time i miss im fired. Can employer do this.
1 answer | asked Jan 24, 2017 09:10 AM [EST] | applies to Ohio
Answers (1)
The answer to your question depends mainly on whether the Family and Medical Leave Act covers you and your employer.
Does your employer employ more than 50 people? If so, have you worked there for over a year, and for over 1,250 hours during the last year? If so, call my office at 216.832.2500 and explain that I encouraged you to call to explore a potential consultation.
If not, an employer is generally within its rights to discipline for unexcused absences, including those related to medical conditions, at least if such discipline is applied evenhandedly. Absences in excess of those allowed by the employer for medical reasons that do not involve a disability are generally not excused by Ohio or federal law.
Your diabetes may, however, constitute a disability, in which event your employer would have an obligation to provide reasonable accommodations. We would need to schedule a consultation to explore this route.
posted by Neil Klingshirn | Jan 24, 2017 09:58 AM [EST]
Does your employer employ more than 50 people? If so, have you worked there for over a year, and for over 1,250 hours during the last year? If so, call my office at 216.832.2500 and explain that I encouraged you to call to explore a potential consultation.
If not, an employer is generally within its rights to discipline for unexcused absences, including those related to medical conditions, at least if such discipline is applied evenhandedly. Absences in excess of those allowed by the employer for medical reasons that do not involve a disability are generally not excused by Ohio or federal law.
Your diabetes may, however, constitute a disability, in which event your employer would have an obligation to provide reasonable accommodations. We would need to schedule a consultation to explore this route.
posted by Neil Klingshirn | Jan 24, 2017 09:58 AM [EST]
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