Wrote up for excessive absenteeism but was sick

elsita- Welcome to A2K!

It depends. How long are you working in your company? How was your attendance record before your hospitalization? Have you asked your boss why she wrote you up for excessive absenteeism, if you were genuinely sick?

Do you believe that you were doing a good job before you got sick? Maybe your boss was not happy with your work. Often an evaluation of the work itself can be very subjective. The number of times that a person has not come to work is very objective, and can be used by a supervisor in documenting subpar work.

If you feel that you were evaluated unfairly, ask the director of personnel if you can file a rebuttal to your boss' evaluation. But first see if you can talk it out with your boss.

If you worked there for at least a year and if a few other criteria are met, it's illegal to fire you under the Family and Medicanl Leave Act. I think it's illegal to punish you at all, but I'm not sure about that.

At any rate, FMLA is something to investigate to see how well it applies to your situation.

Hi Sozobe,
Thank you for answering. I am defenitely going to investigate with FMLA.

You have to specifically request FMLA leave, which is unpaid. You can't come back after the fact and say it's covered under FMLA, particularly if you took paid leave. Just sit down and talk to your boss about the evaluation and ask some questions before you get too upset - perhaps there was a good reason for the poor eval.