Hello again and thank you for the additional information. The unfortunate fact here is that because your employer has less than 50 employees, they, and you, are not covered by the Federal FMLA
which is a law that provides job protection for up to 12 weeks in a 12 month period for employees who have to miss work because of a serious health condition. You would have qualified in every way, except for the number of employees your employer has. That means that your employer could let you go if they have an attendance policy that they enforce neutrally. In other words, as long as all employees, disabled or not, are held to the same standard, your employer can enforce those rules in your case.
That said, you can request a reasonable accommodation under the Americans with Disabilities Act in the form of more time off, if you need it. If the employer can accommodate you without causing an undue hardship on the business, then they are generally required to. So, you might ask for that and if they say no, you can file a discrimination
complaint with the EEOC
. However, if they are fairly small company and have enforced their attendance policy fairly, you are not likely to have much success with the complaint.
Just a note, your employer will need to notify your health care insurance administrator of the change in your status, and they will send you your COBRA
rights to continue your insurance at your expense. You might consider speaking to your employer and seeing if they would be willing to cover your COBRA costs for a few months while you get yourself back on your feet, or if you can not return to work, until you can apply for SSDI. The employer does not have to offer you severance or COBRA payments, but if you have been a loyal employee, they might offer if you ask.
Please let me know if you have any specific follow up questions. I would be glad to assist you further if I can.