Can my employer fire me if I have intermittent FMLA, and I call off for a personal day?. (Other than calling off for my migraines, I show up on time, and do my job )

You really haven't provided enough information for me to answer this completely, but here are some general comments. The FMLA provides two workplace rights to you: (1) the employer must give you intermittent leave if your physician has certified that you require it for your serious health condition (in your case, migraines); and (2) your employer cannot retaliate against you for exercising your right to FMLA leave.

If you have accrued PTO time then you are entitled to take off a personal day under the same conditions as any other employee in the company. If other employees have to schedule a personal day in advance, then so do you. If you violate a company policy by just "taking" a personal day without approval, then the company can discipline you the same way they would any other employee who committed the same infraction. For example, they cannot fire you for that offense when other employees are allowed to commit the same offense with no consequence. IF you ask to take a personal day and you are not approved, then that's only a violation if the company refused permission in retaliation for the fact that you also use intermittent FMLA leave. Hope this helps.

posted by Phyllis Towzey  |  Nov 6, 2015 10:39 AM [EST]