In order for your absences to be protected leave under ADA or FMLA it has to be for a serious health condition meeting the criteria of FMLA or ADA. Further you have to work for a qualified employer who is governed by these federal and state leave provisions. You will need to consult with a local employment attorney in Texas, and provide her/him with the facts regarding your employer and the nature of your actual medical condition to determine if any of these protected categories of leave apply. If they do not apply and if no other local state laws apply, your employer may discipline you for missing work. Talk to a local employment attorney. You can find one here on Avvo.com or by calling your local bar association.
Best of luck!
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It's free and finding a job is hard and you have earned it. Of course you should appeal. What’s the down side? The TWC appeals I have had success with are when 1) the employer has not treated other employees the same way for the same thing, and 2) when they have failed to follow their own progressive disciplinary or warning policies. You have the right to "subpoena" witnesses. Do. You have the right to submit evidence in advance. Do! If you have their disciplinary policy or employee handbook, it is good to use against them. If you don't, you may ask a co-worker to copy or print what you need before they get too intimidated to help. If you can afford it--you can have an attorney represent you. In my experience the have been phone hearings.
If your employer has a termination appeals process, use that too. Maybe you can get your job back.
This does not establish an attorney/client relationship. Dallas, Denton, Collin and Tarrant County, Texas practice area. Principal office located in Lake Dallas, Texas.
You should appeal the decision. If your absences were approved then it is possible the employer failed to follow its own disciplinary procedures and that may justify receipt of unemployment benefits.