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View Full Version : In South Carolina, Can an employer change the FMLA or make their own law for FMLA


onmyown@17
05-31-2005, 08:06 PM
My mother in-law just had two cancer spots cut out of the tip of her nose and cancerous spots frozen on her lip. Her office was closed on Memorial Day and it just so happened that the Dermatoligist could perform on this day and she had today (Tuesday, May 31st) off to recover since she has to work every other saturday she gets a week day off. Well she got to the hospital for the outpatient surgury and there was complications,They couldn't get her nose to stop bleeding because the nurse did not have the tool hot enough that stops the bleeding or something like that. Therefore she is in a lot more pain. The dermatoligist did not perscribe pain medication, so she was feeling so bad today she saw the family physian. He told her that she didn't need to take a shower for 2 days and that she did not need to return to work. which leads us to the FMLA. The doctor says she needs to be off until Friday June 3rd. So, to get the Sick leave, Vacation, or whatever straightened out she called them and faxed them her FMLA because her condition was going to require her to be out more. Her papers for the FMLA given to her by charter says three consecutive calender days so she can take this. At first the superviser says ok that is fine then the other superviser says not you cannot do that it is 5 days. she says well it says 3 on the papers then they said no it is 5 in the handbook and human resources must go by 5. She says ok my doctor will have not problem changing the dates. The superviser says ok that is fine, then she calls her other superviser who says that she can't take it at all.


She has a few Vaction hours to take but not enough. If she takes those vacation days and then is out they will write her up. No offense to anyone but it always seems as if this particular office is discriminating against her. Every on in the office is basically black. they treat her like crap. She just had a Colonoscopy 2 weeks ago and had to take leave and it seem liked they just wanted her to leave all this cancerous stuff inside her. Her mother died of Skin, Colon, and Ovarian Cancer. It all took over her body and killed her. So as soon as she heard about her nose and colon she was terrified.

Either way the company is more than likely going to screw her over.
What should she do. Can the company make their own FMLA?

Sue
05-31-2005, 08:17 PM
Please go to this site for for more information. I am sorry to hear of your mother's health problems, and can imagine she does not need addded stress at this time.

From what I can see, and am pulling from the site I list:


Q: Can my employer refuse to grant me FMLA leave?

If you are an "eligible" employee who has met FMLA’s notice and certification requirements (and you have not exhausted your FMLA leave entitlement for the year), you may not be denied FMLA leave.

http://www.dol.gov/elaws/esa/fmla/faq.asp

Best wishes.

onmyown@17
05-31-2005, 08:19 PM
These are some pictures that we took earlier today.

onmyown@17
05-31-2005, 08:24 PM
So the company cannot change the FMLA to fit their needs? Right. I mean look at the pictures wouldn't you consider that a serious health condition and would you try to take the FMLA if you were almost out of vacation or sick time?

Sue
05-31-2005, 09:07 PM
Visit this site on how to file a complaint if you wish. Always use your best, level-headed decision making ability at the time you take action, if you do.

I do wish you the best.

tp://www.dol.gov/elaws/esa/fmla/fc.asp

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