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TJ, Esq.
TJ, Esq., Attorney
Category: Employment Law
Satisfied Customers: 11659
Experience:  JD, MBA
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My wife works at Macy's. She is 6 months pregnant, was

Customer Question

My wife works at Macy's. She is 6 months pregnant, was rushed to the ER one day and had a note from the doctor to be in bed rest for the next 3 days after her ER visit. I took the note in for her myself the same day as the visit. Macy's has a point system and still took her points away and then took her that is what her points are for. Is Macy's entitled to giving her back her points, due to having an excuse absenance from her Doctor?
Submitted: 3 months ago.
Category: Employment Law
Expert:  TJ, Esq. replied 3 months ago.

Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to answer your legal questions.

What do the points represent?

Expert:  TJ, Esq. replied 3 months ago.

Hi again. I'm logging off for the evening, but feel free to reply whenever you'd like. I will eventually get it, and respond again.

Customer: replied 3 months ago.
It's an attendance point system they start with 9 when hired. With good attendance they have the opportunity to gain one point a month. But once they fall below a certain the company retains the right to fire them.
Expert:  TJ, Esq. replied 3 months ago.

Hello again.

If your wife's absence can be considered leave under the Family Medical Leave Act (FMLA), then you are correct that Macy's should not take any points. It would likely be considered leave under the FMLA if she's been working there for longer than one year. Accordingly, she would likely have a valid complaint under those circumstances. If she has not been there for one year, then Macy's may deduct points since your wife would not be protected under law even with a doctor's note.

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied.

Customer: replied 3 months ago.
She has been working there over a year but the company has stated that another part of there policy for FMLA is that the employee must have worked over 1000 hours in that years time
Expert:  TJ, Esq. replied 3 months ago.

Hi again.

Macy's is correct that your wife must have worked at least 1000 hours (which comes out to slightly under 20 hours per week). I apologize for not mentioning that ... it's not usually an issue in these cases.

Expert:  TJ, Esq. replied 3 months ago.

Hello again. I didn't hear back from you, so I'm just checking in to make sure that you don't need more help on this issue. If not, then please remember to provide a positive rating via the stars (and note that your positive rating is the only way that I'll get credit for helping you, so I greatly appreciate it). Thank you!

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