I came to work relatively fine later in the day i blew up with a raging fever, and my throat was closing up. I told my boss if i needed to go to the hospital id let him know. I got the response back that if i left id have unschduled leave and in my job at the usps could lead to termination. Later that monday i went to my doctor got meds. Ended up in the hospital following monday with 104 fever and come to find out i have strep throat lymph nodes and tonsillitis. My doctors told me this could have been life threating cause my throat was closing up which now im on meds for. I had to take four days without pay for this do i have a right to request pay for those days? Due to the fact that his refusal to allow me to leave that day enchanced my health problems.
I changed the practice area to employment law from wrongful termination. It does not sound like you have been terminated.
The answer to your question depends on a few things: 1. Is PTO, sick, or vacation time available for you to use? 2. Your situation sounds like it might be FMLA qualifying. But your employer must be covered under the FMLA (needs to employee 50 or more employees and if more than one worksite, you can combine number of employees at all worksites within a 75 mile radius of each other to get to 50 employees). If your employer is an FMLA covered employer then you need to qualify. If you have worked for at least one year and 1250hours you qualify for leave of a serious medical condition as defined by the act. However, all the FMLA does is protect you for taking UNPAID leave. It does not require that your employer pay you. Good luck.
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I'm sorry to hear about your recent hospital stay and medical complications. Most local, state and federal employment leave laws only allow for unpaid leave so it's unlikely you can go after the employer to pay for time lost at work. However, you may have other rights for interference or retaliation with leave laws based on your boss' response that your unscheduled leave could lead to termination. I would recommend you contact an employment lawyer. If the employer is USPS, you should find a lawyer who focuses exclusively on disputes with federal employers such as USPS.
To best understand your leave rights at the federal level, visit: https://www.dol.gov/whd/regs/compliance/posters/fmlaen.pdf
My response does not create an attorney-client relationship. I am providing general information only, not legal advice. In responding to questions, I provide competent legal information but am not applying my legal knowledge or skills to resolve or advise on your specific factual circumstances described in the question, such as by proposing a specific course of action (other than asking the user to seek the advice of an attorney licensed to practice in the relevant jurisdiction).
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