Twin Lakes, WI asked in Employment Law for Illinois

Q: I had surgery on Friday 1/13/23. I told my boss I needed an extra day (Monday) off. I now have a point against me for it

I am now at work in pain because I fear I will get more points against me. They have a system where if you get 7 points, you’re fired. I’m not sure if this is legal or if there is anything I can do in this situation. I have doctor’s notes for my surgery and my missed day on Monday 1/16/23.

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1 Lawyer Answer
Cynthia Pietrucha
Cynthia Pietrucha
  • Naperville, IL
  • Licensed in Illinois

A: Sorry to hear about your surgery. If you had a doctor's note for taking Monday off, and your employer would not accept it, you may have a case for denial of reasonable accommodations. Depending on if you qualify for job-protected leave, you may also have a case for violation of the FMLA. You should contact a local employment attorney to discuss the specifics of your case further. You will not to have available your evidence (doctor's notes) and any correspondence from the employer denying you the leave.

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