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Dwayne B.
Dwayne B., Lawyer
Category: Employment Law
Satisfied Customers: 33746
Experience:  Employment Law Expert
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My husband has worked Years. He hardly ever calls out sick

Customer Question

My husband has worked for Walmart for 22 Years. He hardly ever calls out sick in those 22 years until now. He has scoliosis severely and it became a matter of live or possible death if he did not have back surgery to straighten him up. His internal organs were being compressed and caused him to have difficulty breathing and walking. Mind you this is the first time in 22 years he would have to take significant time off. He has 121 sick time hours and 4 weeks vacation time. A week before his surgery Walmart changes their policy about sick time. Sick time was there for you as an employee if you needed it. Well now they changed it so you as an employee cannot use it for yourself but for a family member and Dr. stating the reason and care you are needed for that family member. Also you can't use vacation time for anything but vacation. Doesn't matter how many faithful years you have in and that you are a dependable employee. Ken, my husband was told he could return to work for light duty. His job does not require very much heavy lifting, he works in the back of the store by receiving to do reclamation. He also helps check in vendors when the other employees need a break or vacation time. He worked two days this week and seemed to have done fine other than a couple of times he needed someone else to lift something heavy. They said he has used up his short term disability. We have no income, I am retired and collect 955.00 a month. We rent and own no property. Do we have any grounds to stand on? I can't believe that someone that has so many good years with a company can have changes like this without being grandfathered in. ***** *****kes his job very much and is a hard working, trust worthy employee please tell us there is something we can do to keep his job. Linda Wallace
Submitted: 1 year ago.
Category: Employment Law
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Has the asked for his FMLA time yet?

Customer: replied 1 year ago.
he is already signed up for it before his surgery.
Expert:  Dwayne B. replied 1 year ago.

The only other thing you can do if the FMLA is exhausted is to get with a local employment lawyer and let them try and help him ask for a "reasonable accommodation" under the ADA.

A reasonable accommodation can be almost anything so likely the lawyer can find a way to structure it so he can keep his job or, if they fire him, where he can sue them.

You can find a lawyer near you by going to and entering Employment Law in the section for Area of Practice.

This is his only option right now.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered. In addition, once you issue your Positive Rating the question will lock open and no longer time out so you can come back to it anytime in the future if you think of any follow ups.