Today I recieved a termination letter for my 2nd call-in in two months. I have only been with the company a year and a half and for the first year or so I came down with some medical problems that I couldn't afford to keep going to the doctor for, and ended up on a suspension letter in July for having no doctor's notes or anything to validate my reasons for calling in. I hit my year and began recieving insurance in mid august and have been trying to make sure I at least get a note if I absolutely have to miss work, but failed to do so a few times. In november I missed a night and had no note and was told my suspension letter was going to be extended and I needed to show up to work for 6 months straight to get off of it. Last week I had a problem that I couldn't get in to see a doctor until 3 days after I had my 2nd call in w/o a note, and was unable to get one, and now today I recieved my termination letter in the mail. Is there anything I can do to save my job? My steward tried to help me griev it last week the day after I called in, but told me if my full timer didn't drop it it would go to the labor office and they would decide.
Recieved a termination letter, anything I can do to save my job?
- Thread starter Shiv
- Start date
hondo
promoted to mediocrity
Let me preface this by saying I am replying off the cuff and relying on my Local Contract's language, not the NMA (my recollection is, it's the same language).
FMLA is only afforded to part-timers after 3 years (and must have worked 625 hours in the prior 12 months)(and then is 6 weeks total); unless s/he have been able to work 1,250 hours in the previous year.
In the latter case I believe that is considered full time for the purposes of FMLA.
Check for any state labor laws that may afford you similar rights.
menotyou
bella amicizia
That's why you fax them in!
klein
Für Meno :)
That's why you fax them in!
Our walk-in clinics charge $10-$15 for a doctors note, and you don't evenb see the doc, the receipients writes it out !
But, if you wait up to 2 hrs to see the doctor, then it's free ! LOL
It;s (the note) is always good to have as back-up, and nothing should prevent you from getting one, gee they are open 7 days a week, and 18-24 hrs a day !
Ah yes, the NMA and our rider does have the 36 month/625 hours in 12 month additional eligibility if you don't meet the 12 month/1250 hours (and it cuts the time available in half to 6 weeks). I didn't think the 1250 would be an issue, as that's an average of 24 hours per week and when I was part time I worked 30 hours per week. I suppose if they are limiting employees to the guarantee then it would be hard to meet the threshold (ooh, I see a contract proposal there!)
However:
U.S. Department of Labor - Wage and Hour Division (WHD) - Fact Sheet
says that the 1250 need not be earned in 12 consecutive months so I think if he has 1250 hours in his roughly 18 months he might still be eligible. I would start FMLA paperwork immediately and file a DOL complaint just to cover all bases.
hold on here. have you been given a verbal at all and if so have you gotten a written warning letter, then a first suspension and if so is this your second suspension letter. I our building it goes verbal, written letter of warning, 3 day suspension and then a 5 day. now this is not a off the job offense so you should be allowed to work under Art. 7 of the agreement. This is what is called a working termination. you will be allowed to continue to work until the BA has meet with the local Labor guy. If you have not filed a grievance about this then you need to do so fast. Have they been in a meeting with you with a steward at all if not this step could save your butt if they did not. If you have not talk with a steward you need to do so and fast or call your local and talk with the BA.
ajblakejr
Age quod agis
Chronic medical issues also can be considered and classified as disabilities.
And outside and beyond FMLA is the Americans with Disabilities Act (ADA).
Keep in mind, many may people we work with could be affected by the following disabilities:
Many people have invisible disabilites or their disability may not require any accommodation.
Physical Disabilities List
Physical disabilities can fall under any of the five categories - vision, hearing, mobility, chronic ailments, head trauma/ injury. Let us see what all disabilities are covered under each of these categories.
Visual Disabilities
•Blindness
•Cataract
•Color Blindness
•Blurred Vision
•Night Blindness
Auditory Disabilities
•Deafness or hearing loss (complete or partial)
•Tinnitus
•Meniere's Disease
Movement Disabilities
•Osteoarthritis
•Rheumatoid Arthritis
•Muscular Dystrophy
•Multiple Sclerosis
•Paralysis (complete or partial)
•Cerebral Palsy
•Stroke
•Parkinson's Disease
CRASH501
Well-Known Member
ajblakejr
Age quod agis
Yes, ADA takes awhile.
Rebecca Lee Case
New Member
Mmm don't you have to have a doctors note for fmla when filing for yourself? And shouldn't that have been filed when first missed a lot of work? I hope you get everything straightened out.
steward 71 has alot of great questions.. Shiv, This has happen to a member in my barn where he would call in(excessively). He didn't receive a discharge letter but a verbal and was told enough is enough, if your ill go to the doctor and take some time off until your well because wreather you have doctor notes or not it's not gonna be tolerated anymore because we have a business to run. He's been on disibilty for over 2yrs getting a check from aetna, everybody in the barn has been laughing our butts off about this!!
rocket man
Well-Known Member
grievance grievance that thats a bs matter ,
rocket man
Well-Known Member
I was gonna callthe paramedics one day at work on roads asked why i told them you are making me sick meeting was over they said go to work
