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FMLA Violation New York

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  • FMLA Violation New York

    Hi Group,

    I was on FMLA not too long ago, when I got a call from one of the managers at my company asking if I could help out one of the other people over the phone. He knew I was on FMLA and when I pointed that out, still insisted that I help out, promising me a bonus for doing so. I helped out, and have yet to see the bonus. Sadly I am not required to punch in and out for work, so there is no record that I helped out while on FMLA, however I found out this is not the first time the company has done this. Was wondering if I should report them, and best way to do so with no actual proof.

  • #2
    Originally posted by plehnert View Post
    Hi Group,

    I was on FMLA not too long ago, when I got a call from one of the managers at my company asking if I could help out one of the other people over the phone. He knew I was on FMLA and when I pointed that out, still insisted that I help out, promising me a bonus for doing so. I helped out, and have yet to see the bonus. Sadly I am not required to punch in and out for work, so there is no record that I helped out while on FMLA, however I found out this is not the first time the company has done this. Was wondering if I should report them, and best way to do so with no actual proof.
    You can't be *required* to work while on FMLA leave. However, you can voluntarily accept the request. Working while on FMLA leave must be paid though.

    It seems per one of your prior threads you are probably salaried exempt. Did you just help out that one time? How long were you on the phone? Would the employee you helped back you up that you helped them out? Were you on NY SDI while out on FMLA?

    Thanks.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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    • #3
      Originally posted by Betty3 View Post
      You can't be *required* to work while on FMLA leave. However, you can voluntarily accept the request. Working while on FMLA leave must be paid though.

      It seems per one of your prior threads you are probably salaried exempt. Did you just help out that one time? How long were you on the phone? Would the employee you helped back you up that you helped them out? Were you on NY SDI while out on FMLA?

      Thanks.
      I was on FMLA, and no to the NY SDI. I was using vacation and sick time while on FMLA so it was paid FMLA. And not sure if the employee would back me up.

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      • #4
        Ok, so you were paid by your employer while out on FMLA leave by using vacation/sick time but you didn't get your promised bonus. A bonus isn't required unless you would have a legally binding employment agreement guaranteeing one. The employer can generally change their mind. Did you ask about the bonus - what did they say?

        Complaints *requiring* you to work while on FMLA (you have no choice) can be reported to the US DOL.
        Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

        Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

        Comment


        • #5
          I kept getting told it would be in the next check, and well it never showed up. Now when I ask, they try and change the subject, or just ignore the question. I was just curious if I have any legal rights, that could get me the money, but doesn't seem as if I do.

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          • #6
            Are we really just talking about a single phone call? Is this really worth it?

            I know I'm not making a legal point, but many of us on this site sincerely believe in choosing one's battles.

            Betty clearly asked if the OP 'helped out" just that one time, and the OP didn't even respond to that, and just responded to her other questions. So to most of us that means this was one phone call and the OP just got ticked off. If it had been weeks of phone calls, all several hours long, I'm sure he/she would have posted that.

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            • #7
              I agree with what you're saying TSCompliance. However, I decided in my one post
              to let the OP know the agcy. that FMLA complaints are filed with.
              Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

              Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

              Comment

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