This attorney is licensed in New Jersey and 1 other state.
Posted about 1 month ago.
Flag as objectionable
Your situation sounds like a simple sick day. If you have used up your sick days, then situation may involve the Federal FMLA. Whether a sick day or FMLA, you still have an obligation to plan ahead or call in sick (there are exceptions for emergencies such as a car accident). The employer has a right to know as soon as possible that you have a medical issue so, for example, they can hire a temp to do your job that day.
In any case, before you can be eligible for FMLA leave, you have to have worked for the employer for 12 months AND have worked OVER 1250 hours during those 12 months. Also, the employer must have 50 or more employees to be covered by the FMLA. Does your situation meet these requirements?
Sick days are controlled by your contract with your employer -- usually the HR manual tells you how many days you have, if you can use vacation days if you run out of sick days (usually yes) and how to call in to tell them you are sick (whether for a day or two or a longer time).
Finally, the Americans with Disabilities Act and the NJ Law Against Discrimination, provide some coverage for a situation such as yours without regard to sick days, the FMLA or how long you have worked at a given employer. You are clearly disabled -- mainly from the diabetes, the others probably not. There are Federal Cases that state that the ADA requires more flexibility than the 12 weeks of leave under the FMLA (after which it is legal to fire you). The ADA also comes into play if the employee was too sick to call in or plan his or her leave ahead of time. This may be important in your case because HR seems to think you were a "no show, no call" which can be grounds for immediate termination.
In any event, this is all very complicated and fact driven. You really need to talk to an attorney who handles these matters regularly. (If in a union, call your union rep for help.) As always, I am just commenting on an interesting hypothetical which you asked about. I have no intent to create an attorney-client relationship or to give you legal advice. To provide such services, I, or any other attorney, would need a great deal more information.
