Employment Termination And Fmla

On Monday, */*/* **** worked half of her shift and then . **** called in for her entire scheduled shifts on */*/* and */*/*. She had her regularly scheduled day off on */*/* then called in again on */*/* stating she wanted to take a FML day for that day. **** has received corrective citations for attendance/absenteeism on */*/* verbal warning, */*/* first written warning and */*/* second warning which included a *-day suspension. **** is also not currently on an approved FML. **** had previous approved FMLs from */*/*-*/*/* and */*/*-*/*/*. **** was mailed a letter from CMH Human Resources on */*/* outlining the approval period per the FML paperwork she turned in for her most recent FML. This noted her approved FML was from */*/*- */*/* continuous then intermittent until */*/* which was for up to * times per month for 1 day per episode. ****'s FML ended on */*/* therefore there is no protected leave in effect for the week of */*-*/* and she did not have accrued time off available for these days. As stated in her previous corrective citation on */*/*, absenteeism jeopardizes the overall ability to provide adequate patient care and places a severe burden on the hospital and co-workers. Action to be taken. (If suspension, indicate the number of days of suspension and date the employee should report back to work.) Due to continued excessive absences with no available accrued time, **** is being terminated from her position effective immediately. -- With my verbal warning being on */*/* and the first written warning being on */*/*, was I rightfully terminated? Should those warnings have come off my employee record/file? - Also, I was approved for FMLA on */*/*. According to the Duration of FMLA section of the FMLA policy: “An eligible employee shall receive up to twelve work weeks of unpaid leave during a rolling twelve-month period measured backward from the date the employee uses any FMLA leave. Using this measure, each time an employee takes FMLA leave, the remaining FMLA leave available would be any balance of the twelve weeks which has not been used during -the immediately preceding twelve months.”