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Can a company put me on corrective action for having a asthma?

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naty1115

Junior Member
What is the name of your state? Florida

I have asthma, it is very intermittent and unpredictable, and it is something that I have dealt with my whole life.

Recently I called out of work sick on a Thursday due to my asthma. I felt that I needed to stay home and use my nebulizer for the day because my inhaler was not working. I did not go to the doctor as this is something I am very used to handling and can generally manage on my own.

On Friday I was not feeling any better however I chose to go to into work, because I knew I had a lot of work to do. Walking from my car into work caused me to have a severe asthma attack, at this point I realized that I was much worse than I thought.

I decided I would do as much work as I could then go home. One of my co-workers who is also a very good friend of mine became concerned. She unbeknown to me went to her supervisor and told her that I needed to get to a doctor. Her supervisor came to me and said/recommended that I go to the doctor if I was not feeling well. I asked if my friend could drive me across the street to the hospital. The supervisor said no because of liability reasons. She said that they would have to call an ambulance. I felt this was not necessary so I called another friend to come and get me.

My friend drove me directly from work to the ER. When I got there I was much worse than I thought, because my blood oxygen level was very low. After being in the ER for 7 hours they decided to admit me Friday night because I was not improving. I was in the hospital Friday, Saturday, and they discharged me on Sunday evening. I was given medication and advised to take it easy until I felt better. I have documentation for all of this.

I called out of work both Monday and Tuesday as I still was not feeling good.

All together I missed a day of work Thursday, left early Friday, missed Monday and Tuesday.

When I returned to work I supplied my supervisor with the paperwork from the ER. The next day I was told that I was going to be placed on corrective action called a written warning, because I was already on a verbal warning due to attendance.

This would not normally bother me except I am preparing to apply for a position that I have wanted for a long time. Now that I am on a written warning I cannot apply for a promotion for three months.

I spoke to my supervisor’s manager, and explained that I did not think it was fair that I was being put on corrective action due to my health, as there was nothing I could have done. He advised that that was not the case, and that they were following company policy, and due to the amount of occurrences that I have I should be on a written warning. We went around in circles with out getting anywhere. So I just gave up.

It just really bothers me that I cannot apply for a promotion because I got sick, but again the company continues to say that that is not the case.

The reason that I was on a verbal warning before was due to being late and other absences, some of which I also have documentation for.

I understand that there has to be attendance policies, but in my heart I just don’t feel like this is fair. And yes I know life is not fair, but this really upsets me.

I feel like there is nothing else that I can do, as the company stands firm in there decision. I don’t want to upset the company I work for by pushing this too much, but I don’t want to just give up, because I really have a hard time understanding there decision.

Is there anything I can do? Do I have any rights? Or do I just give up?

Any advice would be greatly appreciated. Thank you in advance.


Katy :confused:What is the name of your state?
 


Betty

Senior Member
Do you qualify for FMLA?
Have you worked for your employer for at least 12 mos.?
Have you worked at least 1,250 hrs. for the employer in the past 12 mos.?
Do you work at a location with 50 or more employees within a 75-mile radius?
 

naty1115

Junior Member
Fmla

Ironically I do qualify for FMLA and I know this because I am on FMLA for a different reason.

Can I be on FMLA for two conditions?

If I do get on FMLA for my asthma it will not change the fact that I am currently on a written warning, will it? Because if that is the case I would not be on a verbal warning either.

Thank you for your interest

Katy
 

moburkes

Senior Member
Ironically I do qualify for FMLA and I know this because I am on FMLA for a different reason.

Can I be on FMLA for two conditions?

If I do get on FMLA for my asthma it will not change the fact that I am currently on a written warning, will it? Because if that is the case I would not be on a verbal warning either.

Thank you for your interest

Katy
Yes, you can be on FMLA for more than 1 thing, but the total time (12 weeks per year) doesn't change.

By the way, I'm not sure why you couldn't take your nebulizer to work. I'm not saying that you're not sick, just explaining that you can use a portable nebulizer in any location, including the car.
 

naty1115

Junior Member
I know I could bring my nebulizer to work. I just haven’t because I know it would be an inconvenience, the main reason being that it is very loud, but I guess I would not be in this situation if I did just bring it to work with me. Plus I talk on a phone all day and it is hard to always talk when I cannot breath. But I do understand what you are saying, and I appreciate your feedback.

Thank you,

Katy
 

naty1115

Junior Member
My company counts leaving early, coming in late, calling off sick, any unauthorized absence as an occurrence. I only know how many occurrences I have for the last 8 months. I have 9 occurrences all together.

Katy
 

naty1115

Junior Member
I am sorry Moburkes, I misunderstood the question. As far as FMLA I have taken less than a week all together. I only use the FMLA for doctors appointments, once a month.

:confused:

Katy
 

naty1115

Junior Member
Queston

Will do! Thank you!

Will getting on FMLA for my asthma change the fact that I am on a written warning?
 

cbg

I'm a Northern Girl
Probably not, since the warning occurred before you made the company aware of a FMLA related condition that was affecting your absences. But it will protect you from any further write-ups related to this condition.

Remember, you do not get 12 weeks per condition. You get 12 weeks, total, for any and all conditions combined.
 

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