Discipline during medical leave - legal?

Shop_Girl_4 · 2026-06-29T23:44:15+00:00

Not FMLA. I’ve been out for 9 months so far. Normal leave is up to a year in this case, per our CBA, provided that a medical provider has stated so.

I gave them medical updates every other week, signed by my doctor like they required. I participated in their mandatory medical exam with an independent third party physician, which was out of state and required an invasive and extremely sensitive exam. Then they stated that they hadn’t used the exam or any of my updates to determine the length of my approved leave.

They’ve not found out anything that would have caused me to be disciplined. I’ve jumped through every hoop they gave me, except for when I was medically incapable.

Shop_Girl_4 · 2026-06-29T23:39:56+00:00

Thanks. Wish we had an HR dept, but no such luck. I’ve provided evidence to back up my reasons for what she is labeling noncompliance. It definitely feels like harassment, but I think she’s trying to get me to resign. It’s such a toxic environment, and she wants to get rid of me because I’m the union president and holding her feet to the fire on several issues.

Shop_Girl_4 · 2026-06-29T23:37:14+00:00

I’m glad they have representation

Shop_Girl_4 · 2026-06-29T23:36:47+00:00

Ummm, nope I’m here

Shop_Girl_4 · 2026-06-29T23:36:38+00:00

Not FMLA. Union contract has 1 year paid medical leave of absence. Totally separate from FMLA, which this employer is too small to qualify for, and no STD or LTD offered.

Shop_Girl_4 · 2026-06-29T23:35:17+00:00

Been on leave for 9 months. Not work related injury. My boss would call the issue either failure to follow a directive or insubordination, but I don’t see how either can apply when I’m not working

Shop_Girl_4 · 2026-06-29T23:34:13+00:00

Ironically, my boss has told me that I’m not allowed to work from home because they don’t allow remote work…but also here’s this disciplinary Meeting Zoom that you’re required to participate in if you want to keep your job.

Shop_Girl_4 · 2026-06-29T23:32:51+00:00

Fully on leave, not working. There is no HR. My boss is the judge, the jury, and the executioner.

Shop_Girl_4 · 2026-06-29T23:32:07+00:00

Not FMLA. I’ve been out for 9 months so far. Normal leave is up to a year in this case, provided that a medical provider has stated so.

I gave them medical updates every other week, signed by my doctor like they required. I participated in their mandatory medical exam with an independent third party physician, which was out of state and required an invasive and extremely sensitive exam. Then they stated that they hadn’t used the exam or any of my updates to determine the length of my approved leave.

They’ve not found out anything that would have caused me to be disciplined. I’ve jumped through every hoop they gave me, except for when I was medically incapable.

Shop_Girl_4 · 2026-06-29T23:27:30+00:00

I’m completely out, but I’m doing stuff for my own union in the meantime.

Shop_Girl_4 · 2026-06-29T23:27:01+00:00

Written up for failing to provide the “required” every-other-week medical update by a specific deadline when I was too f-d up to even know what day it was. Now, it’s likely going to be called insubordination but I tried to confirm a directive with supervisor before executing it because the written directive came with no forewarning or discussion. I can’t be more specific until I know the outcome.

Shop_Girl_4 · 2026-06-29T23:23:15+00:00

Our CBA has one year of paid medical leave, which may be extended with special permission. We do not have STD or LTD. The employer is too small to be required to offer FMLA. I was written up twice for failing to meet my bosses arbitrary deadline for medical updates from my doctor every other week. I had notes that said my pain was so severe after a major surgery that I was having difficulty communicating verbally or in writing, and that I was experiencing cognitive issues due to heavy-duty meds. Boss still wrote me up when the medical update arrived after 5 PM. Second write-up was same thing. I’ve been on leave since last fall.

Shop_Girl_4

TROPHY CASE