I agree that intermittent FMLA leave could be a solution to this issue if your employer has enough employees and you fulfill the length/hours worked requirements of the FMLA. If your employer retaliates or interferes with your right to FMLA (assuming you are eligible) you may be in a position to take legal action. If you do not qualify for FMLA, you could request an accommodation.
I would also speak with HR regarding the points on your record and FMLA leave.
Regardless, you may want to contact an employment attorney. Many law firms, including my office, provide free consultations.
Matthew J.P. Coffman
This information above is provided for informational purposes only and should not be construed as legal advice. If you have questions about your individual circumstances, please consult with an attorney. Please feel free to contact the firm. However, contacting the firm does not create an attorney-client relationship.