Boss told me if I don't smile more, I'm out...IIN?

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  • Family medical leave act (FMLA) does not guarantee you 60% pay. It is a without pay leave by law. A particular company may institute a 60% pay during leave on their own, you may also have employer provided sick time that you can use while on family medical leave, but the law guarantees no pay. All it guarantees is you can't be fired while on the leave.

    You can get FMLA approved on an intermittent basis for illnesses that are chronic with reoccurrences at any time. Doing so would allow you to call out sick as often as you want, as well as come in late or leave early, so long as you don't exceed 12 months worth of time in a year, with pretty much no reprecussions. It would be wise for the OP to apply for FMLA in that form, assuming the OP meets the one year full time qualification.

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