I live in Texas, this past year I was diagnosed with rheumatoid arthritis. Both my general MD and rheumatoligist have filled out paperwork for my HR dept., concerning continued, on going treatments and the fact if I get any type of infection I am to go to the Dr. immediately. ( Between my disease being an auto-immune disease, and the 2 medications I am taking causing my immune system to be further effected, the Dr's wanted to stress that I am prone to more infections and must be seen right away) They also told about a re-occuring infection, that needs immediately attention if it appears.
I have been a full time employee for 4 1/2 yrs with this major company. I have prided myself as being a top performer, and been asked several times over the years to teach and/or mentor new classes.( I would guess we have atleast 1600 employees within the metroplex of Ft Worth/Dallas alone)Within all these years, I have been classified as a "Performance Leader" (the highest level) every single month. In Oct., my former Supervisor gave me an "occurence" for an absense I had because for an infection. ( A specific type of re-occurring infection that my Dr.'s are working very hard to this date to control & cure) So I went to the head of HR, and she assured me that since I did have FMLA paperwork on file, that I should not be getting these absenses counted against me. Then my Supervisoer "left" our company. ( At end of Dec., my Dr.'s again filled out more FMLA paperwork for the same things, updating it for 12/04 through 12/05). So my Dr.'s have been very careful to make sure my paperwork is always current.
We finally got a new Supervisor the end of Jan. When she went over my attendence records, she asked if I was aware that I was on a "written" notice. I informed her of the FMLA paperwork, advised her I was not even told of a verbal warning ( which is usually issued before a written) and that I thought with a written notice, I was to SIGN something. She went to the HR dept., who informed her that they had not been made aware by the acting Supervisor of these warnings, or they would have informed that person/persons (ofcourse, no one knows WHO put this on my record) that I did have valid FMLA paperwork on file. So the new Supervisor took it off my record.
This month I got a respirtory infection which quickly turned worse with the re-occurring secondary infection. A day after I got sick and was ordered to stay at home, I received word that I had gotten the new position I had applied for. It had been sent out in an email to the entire floor, congratulating me and the others chosen. It is a new opportunity within our company, and I was very excited.
But I also found out that when I called in the first day, the new Supervisor was told by a veteran Supervisor that this absense would clearly be an occurence since I did not mention the word FMLA in my voicemail. The new Supervisor went to HR and asked and was told no, that is not the case. The next day when I called in, I mentioned my FMLA paperwork and if there were any questions to call the head of HR. ( As she had told to do the last time we had issues). The veteran Supervisor called the Director of our call center over and was discussing my "attitude" she felt she heard in my 2nd voicemail. (This all told to me by the new Supervisor who is not feeling well about what she is hearing.)
Much to my dismay, my 2nd visit with the Dr., they found the secondary re-occurring infection was back, and I was ordered to stay home a 2nd week.
When I got back to work, I found that my computer had been set up at new area of our office building, my name posted with the others and I was so happy about this new opportunity. The girls in the new project informed me that I hadn't missed much, because that 1st wk I was gone, the project got off to a very slow start & infact their 1st week they had done nothing on this project since there had been system issues. They had just started working the project the 2nd week I was out, but added that there was 2 of the other girls in this new project that had missed days also with illness the 2nd week I was out. They gave me my new client list and trained me that day.
The next day, (this Fri.- I work 4 10 hr days) was my day off. Both the Project Manager and Supervisor had been off Thursday when I came in. So when the Project Manager found out I had been in on Thursday and that they had trained me, she announced to the group in a meeting she had called, that I was not going to be allowed to continue with the project with them, since I had missed the first two weeks. Again, no communication with me, but tells the whole group this. ( I only know because my acting Supervisor told me in a call, what was going on. She in turn did go to HR about this too. So hopefully they already have things being worked out)
I truly feel that I'm being discriminated against because of my FMLA. If I thought missing that 2nd week, when the project honestly started, (since they even admitted the first week they did nothing), would mess up the progress of this project, I would not press the issue. But I feel it is an excuse for them to "punish" me that I could not be present when this project started. This project has been stressed to be the opening for some very good opportunities within our company. I got the job on my own merit and skill, which has not changed in the 2 weeks I was gone. ( really it was 6 working days for me, since I had worked the first Monday and I am off Fridays.)
I am angry and hurt and really do not know what my next move should be! Please help! Any advise would be appreciated. I do plan on talking with the HR Dept. when I get to work on Monday, and hopefully it will be resolved. I guess I feel that these "someone's" in management that have tried to put occurences on my record, and put their own "rules" on the FMLA are trying to get me to quit or something. I should not have to go over this everytime something occurs, but I find I do. If you could help explain my rights and if my feelings that they are being trampled on, has any merit, it would be nice to know.
Sorry this is so long, but I have not even told half of what I have tolerated in the last year.

I'm sure that the HR Department will straighten out your supervisors (once again). As I am sure it will be pointed out to them, it would be seen as a violation of the law if they went ahead with their plans.

I noticed that you referred to your supervisor wanting to count your absence as an occurrence because you did not specifically mention FMLA in your voicemail.

Please note, it is the employer's burden, once they have enough information about your medical condition, to recognize an FMLA absence. So the ball is in their court, not yours and you do not have to use those terms.

I would suggest that you print out information re FMLA from the DOL website and have a very calm, interactive discussion with HR. It sounds like they are on board and keeping your supervisors in line so continue to work with them.

Good luck!

You were right! I do have a good HR department, that had contacted the Supervisors over the weekend and let them know that what they were trying to do was wrong, and to stop immedialtely. I loved seeing my new co workers' faces when my new Supervisor rushed up to me, hugged me and announced very loudly that she was so very happy to see me back on the job. That she had thought I was not coming back for a while longer! When she walked off my new co-workser's shared with me what I already knew, about the Supervisor announcing I was off the project in that meeting. She lost alot of their respect when she lied in front of us all, and said she did not know I was coming back so soon, when in truth the girls had told her I had been in Thursday and they had trained me. To cut this short, I have found this site very helpful. It has been very hard just learning to cope with RA and my weak immune system and the fear of what will come next and how it will effect my job. Just knowing I do have rights, helps. I am not lazy and would never play games with those rights, and it truly is a comfort to know I do have some sort of recourse. Also, just as important, is that my HR Dept. is there to help. Thanks for having a place for people to research and vent! It is much appreciated and very helpful!

I am so glad to hear about this. For others who may read this post, going to the HR Department is usually the most fastest way to resolve a situation.

Often, people will go to a government body, such as the EEOC, as soon as they believe that discrimination exists. However, that road is often very long and hard. Cases usually take months and even years before it is resolved. And, though there is a lot of press regarding big payouts for discrimination, those cases are relatively rare and few between.

Also, an employee is expected to pursue all actions that he/she can within the company first. While that isn't the law, it will be a major factor when the EEOC considers whether you have a valid complaint.