How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask ScottyMacEsq Your Own Question
ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Employment Law
Satisfied Customers: 15935
Experience:  Licensed Texas General Practice Attorney
19487448
Type Your Employment Law Question Here...
ScottyMacEsq is online now
A new question is answered every 9 seconds

I work at Wal-Mart I had pink eye and had a doctor excuse they

This answer was rated:

I work at Wal-Mart I had pink eye and had a doctor excuse they still wrote me up, now I have shingles and need to go to the doctor and they said they would write me up, both of these issues or contagious can you advise me?

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.


 

ScottyMacEsq :

I'm sorry to hear that. I have a couple of follow up questions to your issue: (1) What, specifically, was their reason for writing you up? (2) are you a full time employee? Have you worked with Wal-Mart for at least 1 year and at least 1250 hours in the past year?


 

Customer:

ii

Customer:

Being off work with a doctors excuse. Part time 25 hrs. per week, I have been with them for 8 years.

ScottyMacEsq :

Can you confirm that you've worked at least 1250 hours in the past 12 months?


 

ScottyMacEsq :

Basically to this date last year, did you work 1250 hours? Do you work 52 weeks a year, or do you take one or two off, etc...?


 

Customer:

yes I worked 1250 hrs. I take off for vacation.

ScottyMacEsq :

Thank you. And to be absolutely clear, you did have a doctor's excuse and provided it to them, even though they said that you didn't? Did they even acknowledge this excuse at all (but say it is insufficient) or do they pretend that you never gave one?


 

Customer:

I gave them the excuse, they said it did not matter.

ScottyMacEsq :

Did they expound upon as to why it did not matter?


 

Customer:

No they do not except any excuse.

ScottyMacEsq :

Thank you. Assuming that you have worked at least 1250 hours in the past year, and for at least a year, and assuming that there are at least 50 employees of your employer within a 75 mile radius (a safe assumption) then you're covered by the Federal Family Medical Leave Act (FMLA). This law allows up to 12 weeks of unpaid, protected leave (meaning that you can take time off for covered medical issues, etc... for up to 12 weeks in a year, and not suffer adverse employment decisions as a result of that). There are some requirements for the employee, that the employee needs to give the employer notice as soon as possible as to the leave taken (even going to a doctor's office for a medical purpose would be covered under FMLA) and the employer can inquire as to the general nature, but as long as the employer has a good faith basis that the leave was taken under FMLA, they can't discriminate against someone because of that employee's election to take the FMLA leave.


 

ScottyMacEsq :

The first thing that you need to do is to contact HR, either through your branch or corporate (however it's structured there) and file a complaint about these writeups.


 

ScottyMacEsq :

Claim that you brought the excuses, and that your leave was covered by the Family Medical Leave Act (FMLA).


 

Customer:

They do not except any excuses.


 

ScottyMacEsq :

This almost always will make HR change and rescind the adverse employment actions.


 

ScottyMacEsq :

I understand, but they cannot not accept excuses.


 

ScottyMacEsq :

They HAVE to let you have leave for medical issues, including doctor's appointments for infections, etc...


 

ScottyMacEsq :

(if you're covered by FMLA, that is... Again, 1250 hours worked in the past year, for at least a year, for an employer of at least 50 employees in a 75 mile radius)


 

Customer:

No excuses are excepted.

ScottyMacEsq :

I understand.


 

ScottyMacEsq :

My point is that they can't do that.


 

ScottyMacEsq :

If there is an inconsistent employment policy and Federal law,


Federal law will overrule Wal-Mart policy, every single time.

ScottyMacEsq :

FMLA says that you have to be allowed leave, without any adverse employment action.


 

ScottyMacEsq :

They can't decide that no excuses would be accepted. They have to accept your excuse if it is for a medical treatment, appointment, etc... covered under FMLA (which yours certainly would be)


 

ScottyMacEsq :

Does that clear things up? It doesn't matter that Wal-Mart "doesn't accept excuses" under any policy, etc... They have to accept excuses under Federal law, and if they continue to write you up for actions taken that are protected under FMLA, you can report them to the EEOC for FMLA discrimination and retaliation.


 

ScottyMacEsq :

HR would be the first stop to complain, but if they take no action, go to your local EEOC branch and complain about their actions. If you're covered by FMLA, they can't do this.


 

ScottyMacEsq :

(Wal-Mart can't do it, that is)


 

ScottyMacEsq :

And the EEOC can investigate and start the process of remedial actions.


 

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!


 

ScottyMacEsq :

Did you have any other questions before you rate this answer?

ScottyMacEsq and 3 other Employment Law Specialists are ready to help you