Under PIP for tardiness, I got sick,was put off work for 4 weeks, ineligible for FMLA, while on LOA can I be fired? [closed]

manpreet Best Answer 2 years ago

Hired April, after4 months receive a verbal warning 4 tardiness I ask to come in 3:30 instead of 3pm I live 50 miles away, late is between 1-10 mins 1x-2x a week, req denied. October got written PIP, was absent 5x frm 10/10-11/18 sick disability under ADA. Was talked to 11/18 by HR, need to get doctor's note for medical leave, if no note, continue working take my chances, but if I'm late again even 1 minute they will push for termination. Doctor put me off from work for 4 weeks, not eligible for FMLA, but ADA protected, I thnk qualifies for STD. Can I get fired while on leave. Should thedoctor's note be enough for them to know I qualify protection under ADA or should I make a formal statement regarding the disability and ask for reasonable accommodation, in this case the 4 weeks to get treatment.

manpreet 2 years ago

I'm surprised you haven't been fired already. Your work can easily find a way to terminate you if they want to. The reasons given may have no basis in reality, so long as they protect the company. But in this case you clearly overstepped your PIP when you were well aware of the consequences.

Your disability is not a reasonable excuse for you to be continually late as far as I can see. Plenty of people with disabilities can make it to their workplaces on time.