Can I be fired for needing medical attention for possible cancer?

[mamad68025]

I was told by my bosses that I would use up too many days off work because I need pre-cancerous surgery. I have only been on this job for almost two months. They only employ approximately 15 people. My doctor is willing to call them. I cannot lose my job. I am a mother of three, living with my mother who recently had surgery herself, and need this job. But my health could turn very bad soon if I do not have surgery. They suggested having the procedure done after I get off work at 5 pm. That is not possible. No papers were ever given to us nor did I sign anything when we were informed of the rules. Those rules verbally stated were we can only have one requested day off a month. Then after that, we have to use points that are given every quarter. After those points run out, you lose your job. These points are to be used for sicknesses, doctors appointments, etc. And we were also told that if a two week notice was given, that off day would not counted against us. What should I do? I am afraid of the outcome of this surgery and afraid of losing this job. Thank you for your time, Kelly

 

[jharris352]

If you have only been there two months I would put the surgery off if your DOCTOR thinks it is safe. Someone around here will let you know about the FMLA and if it covers this.

 

[Proserpina]

Sorry, but FMLA does not apply here.

You haven't worked there long enough and from what you've said your employer doesn't employ enough people.

 

[theretoo]

You are correct, FMLA does not apply if you have been employed less than 12 months and have workerd fewer than 1250 hours for the employer during that time, but disability leave of absence as a reasonable acomodation per ADA and EEOC DOES apply in your case. Ask you emoployer about leave of absence for a disability. Your Dr. would need to confirm that your condition is a disability under ADA to your employer. You do not have to be employed for any particular length of time for your employer to be able to reasonably accomodate your disability.
You could be a new hire with 30 days on the job and still be eligible for a leave of absence per EEOC and ADA if you clearly have a disability. They cannot use it against you as "attendance" issues without running the risk of discrimination.

 

[cbg]

Once again, theretoo is incorrectly stating things. The correct answer is not, The ADA DOES apply. The correct answer is, the ADA MAY apply.

 

[Patricia_Young]

Once again, theretoo is incorrectly stating things. The correct answer is not, The ADA DOES apply. The correct answer is, the ADA MAY apply.

Even though I have this poster on "ignore" so I don't see what he posts, I could have probably given the same response without seeing what he posted.