Can I collect unemployment if fired for attendance to to medical reasons?

by Lee

(Kentucky)

I have been at my job for about 11 months. I have been having medical issues that make it hard to go to work especially in the morning. I did not qualify for fmla bc I have not been there a year and was denied my short term disability. I went back with restrictions that I not go into work until after 10am (bc I’m sickest in the morning). They will not honor my doctors request and want me to be there for my full shift 7:50-3:50. I have asked them repeatedly for a changed schedule or even go down to part-time and they will not work with me. They have made schedule changes for other employees within the past few months but will not with me. I went back for a few days and have had to call in again bc of being sick. I am afraid that I’m going to get fired for attendance soon. Will I be able to collect unemployment?

Hi,

Did you give them the note from the doctor .. or just tell them about it?

Are your requests for a schedule change in writing?

If all is good on these two points .. just keep calling in per the policy when absolutely necessary.

What can you do, but let the chips fall where they may?

File for benefits with all your supporting documentation to prove your reason for discharge .. attendance .. was in fact “beyond your control”.

After answering gazillions of questions from people worried about getting fired for attendance, the primary message is that you can’t really prevent an employer from doing what they have to do .. and it is often understandable why an employer cannot accommodate the medical needs of employees .. as it is in fact, an added burden and often an additional cost to the employer on multiple levels.

But there is nothing that prevents the employee from doing their own due diligence to protect themselves and make certain they will be able to collect benefits .. when it all comes down to being fired for something that can be reasonably seen .. as beyond their control.

The one caveat, is that your illness can’t be entirely incapacitating. You must be able and available for suitable work.

Chris