Location: Wisconsin
Hourly
Can I be fired while applying for FMLA due to “unexcused” absences?
I’ve looked up FMLA laws and I am applicable for it, I have done some research and I know I can’t be fired for applying for FMLA but because I live in an at will work state I’m not sure if they can just fire me because of my absences and refuse FMLA like that.
Not 100% sure which subs to put this in so please tell me which ones would be better if not this one
So I’m currently in the hospital with my fiancé awaiting her to get emergency surgery, my boss has contacted me this morning as I had a couple days of absences this and last month due to the medical reasons that ultimately culminated in her needing this surgery.
Her symptoms would randomly flare up some nights and not others but it would be for 8+ hours starting at like 4 am sometimes so we would never be sure when it would hit
We had gone to the er last night and ended up getting admitted.
My boss has contacted me this morning telling me to call the store to tell them “if I still need this job” and that any absences from now on will be unexcused or I will be terminated
I was wondering due to the emergency reasons of the surgery and the fact that after surgery she will not be able to lift more than 15 lbs (we have a baby who is 19 lbs) if FMLA would be applicable and if I could tell her that I cannot come into work and apply for FMLA or if she would have legal grounds to terminate me as I apply for FMLA?