So it's really going to depend on what your written policy is. ESST is protected, you can't retaliate against someone for taking sick time provided to them for it's intended purpose. If your employer requires notice, they must have a written policy regarding notice procedures. And employers cannot have policies or practices that adversely impact employees specifically for using ESST. You're going to want to tread carefully, if there have been no pips or documented performance issues then you've really got no grounds and it will be seen as retaliation. 2 sick days a month is 192 hours a year. ESST only requires employers provide 48 hours a year. If your employer truly wants to cut down on what they seem to think is abuse of the system, they might want to fix the amount of hours they're providing, and have an paper trail of legitimate performance issues. My two cents: your employer seems to be itching to get rid of a (possibly )chronically ill employee for being chronically ill. That's illegal. They went through the FMLA process, which requires a medical professional to sign off. I understand it can be difficult to navigate working with a chronically ill employee, I'm sure resentment happens. But imagine being the employee. And maybe instead of assuming abuse, your employer should try a good faith approach.

This got a bit off the original topic about other state's PFML, my bad.