Ughh I need advice some TMI and its long- Updated

I need some advice from you ladies... Christmas Eve I had gotten food poisening, I worked through it the day after Christmas. However the 27th I was cramping sooo severely and my urine was brown that I had called the doctor and they wanted to see me immediately. I told work and they had me call my mom to pick me up bc my husband was working. I went to the doctor and it was recommended I rest the next couple days and stay hydrated. The next morning I went into work ( bc I didnt want to get in trouble) and the manager sent me home. Well now its over a month later and they want to put me on probation bc i didnt have any sick time left. I called the benefits rep and she said seeing that my FMLA papers arent in yet they cant cover it, she said that it is definately pregnancy related and she will see what she can do. Is there anything I can do myself(meaning research) to help me get this covered. If it's not covered I lose my bonuses for the next 3 months and also any opportunity for promotion

Updated: So I went to my doctor tonight and told her what happened, she couldnt believe it, she said me leaving work was completely pregnancy related, and she would have the nurse type up and letter. She also said that if my HR dept has any questions to contact her. I hope this will be enough for them to take off the probation.

Message edited 2/5/2013 7:55:14 PM.

Ughh I need advice some TMI and its long

Yikes, I have no real advice. Did you get a doctors note? I am not sure if that would help...

Ughh I need advice some TMI and its long

Wow...here is the thing the above poster mentioned a doctors note; I suppose you can get one but NYS law prohibits an employer asking an employee for a note. If you call out sick today technically your employer can not ask what is wrong with you or request that you bring in a note.

I presume your employer knows you are pregnant?! I guess if I was in your situation I would fight it. Does your company have an hr department?

Ughh I need advice some TMI and its long

The thing I'm confused about it that you were at work then went back to work the next day and your employer sent you home, you didn't call out sick. Is this policy of putting someone on probation when they use time they don't have in an employee handbook that you signed off on? And even if it is what does it say about when a manager sends home an employee who was willing to work?

Ughh I need advice some TMI and its long

Oh Im Definately fighting this. Everyone including my HR department knows I'm pregnant even back in December they knew (I was already showing). They said I had to choice when the manager said go home I could have stayed. Its soo stupid! Thank you ladies for the help, its just sooo fusterating!

Re: Ughh I need advice some TMI and its long

It shouldn't matter whether your FMLA papers were technically in. It is the employer's responsibility to let you know about your rights under FMLA. This is from Title 29 of the Code of Federal Regulations:
§ 825.300 Employer notice requirements. (b) Eligibility notice . (1) When an employee requests FMLA leave, or when the employer acquires knowledge that an employee's leave may be for an FMLA-qualifying reason, the employer must notify the employee of the employee's eligibility to take FMLA leave within five business days, absent extenuating circumstances.
-- thus, if the employer knows you are out for an FMLA covered illness, they have to provide you with the forms etc so you can take your leave. Your need for leave (dehydration/pregnancy complications) was not forseeable, and you gave as much notice as practicable, as required. Therefore, they should have given you the papers as soon as they could, and should have told you to have them filled out, and had the leave approved retroactively.
The employer is also NOT ALLOWED to put you on probation for missing work due to an FMLA leave. See this opinion of the US DOL.
Here is another fact sheet that might be helpful.

Feel free to FM me if you have any more questions. GL!

Message edited 2/5/2013 9:13:32 AM.

Re: Ughh I need advice some TMI and its long

Someone's playing games.

What I would do is get a doctor's note stating that the days you were out, you had food poisoning, and it was not pregnancy related. Then I would write a formal letter to HR and also send a copy to the manager stating that you were out on whatever days due to food poisoning, however on the last day, the manager sent you home and that were not given a choice. I would follow up by indicating that you are to be docked in pay for any days over what you had available in your sick time. Therefore, not putting you on unnecessary probation because this sickness did not warrant probation.

I'd be pissed.

Re: Ughh I need advice some TMI and its long

I would def. get a doctors note first. Secind, your company is crappy!!!! How mean, you were sick not on a vacation for crying out!!!! You sure you like working for them?

Re: Ughh I need advice some TMI and its long