Announcement

Collapse
No announcement yet.

Is this legal Connecticut

Collapse
This topic is closed.
X
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Is this legal Connecticut

    I am writting to see if something that happened to my gf is legal... It sounds very fishy to me but I am not a legal expert.... Heres what happened she is a mother of 2 kids that she pretty much takes care of herself. The fathers are not really in the picture. One of her kids got sick early last week and she used 2 of her sick days in order to take care of her son... On that Wed she came down with something serious that she got admitted into the hospital... She has Dr notes for the 3 days she was out saying that she was not permitted to return to work. Today when she gets into work her boss tells her that she is now being demoted (losing 50 cents an hour) losing her commission sales as well as a change in job title cause she is "unreliable for taking time off". She has never had a bad performance review, infact in call count and all other statisics she is much higher then everyone in the department. The problem is that we do not have any money to get an attoney. Does she have a ligit case and if so what do we do to get proper representation.

  • #2
    No hon, it is not illegal what they did. Alot of people think that getting a doctors note, can keep them from getting in trouble, or fired. You only have that protection if you take F.M.L.A leave. I think in order to even qualify for that kind of leave, you have to be out for at least 3 days, amongst many other things. You can qualify for FMLA if:
    1. You have worked for a company for at least a year.
    2. You must have worked at least 1250 hours during that year.
    3. Your company must have at least 50 employees in a 75 mile radius.

    If she does qualify for F.M.L.A as far as these basic requirements, it would then depend on what the reason was that she was out for 3 days. This is all I know at this point. CBG, and Pattymd, and Ellemd, know alot more about this. I don't even know if she filed for it now, that it goes into effect retroactively?

    Comment


    • #3
      Well she didnt even have time to apply for a leave, the medication she was on helped and she returned to work.. on her second day back is when she was notified of this... Based on what you said here should would have qualified for it though.. She was Medically excused for 3 days and its a large company that shes been with for 3 years. There is way more then 50 employees as well

      Comment


      • #4
        hope this helps

        Originally posted by scottb908
        Well she didnt even have time to apply for a leave, the medication she was on helped and she returned to work.. on her second day back is when she was notified of this... Based on what you said here should would have qualified for it though.. She was Medically excused for 3 days and its a large company that shes been with for 3 years. There is way more then 50 employees as well
        See if she would qualify, read this, and there is a section on retroactive fmla, I did not get to that part so I do not know if she would qualify. Good luck, if she does qualify, this article should help you out.



        ELR Home > FMLA Reference Guide and Procedures




        FMLA Reference Guide and Procedures

        Contact ELR
        The University of Iowa has instituted employment leave policies to support employees when health conditions affect job performance abilities. Many of these policies are similar to the Family Medical Leave Act (FMLA) and are implemented concurrently with FMLA. The FMLA of 1993 provides eligible employees up to 12 weeks of job-protected leave per calendar year. During an FMLA leave the University maintains the employee's preexisting group health insurance coverage and, on return to work, restores the employee to the same or equivalent position.

        Section Contents:

        I. Eligibility for FMLA Leave
        II. Reasons for FMLA Leave
        III. "Serious Health Condition" Defined
        IV. Leave Availability
        V. Intermittent, Reduced Schedule, or Continuous Leave
        VI. Employee to Supervisor Notice Requirements
        VII. Department to Employee Notice Requirements
        VIII. Payroll Records and Forms
        IX. Certification by a Health Care Provider
        X. Recertification
        XI. Fitness-for-Duty Certification
        XII. Reinstatement of an Employee after FMLA Leave
        XIII. FMLA and Worker's Compensation
        XIV. FMLA and the ADA
        XV. Tracking and Documenting FMLA Leave

        SECTION I: Eligibility for FMLA Leave

        To qualify for Family and Medical Leave, an employee must:

        Be employed by the University of Iowa for a minimum of 12 months (not necessarily 12 consecutive months – an aggregate 52 weeks is equal to 12 months).
        Have provided at least 1,250 hours of service (discounting all work absences of vacation, holidays, sick leave, etc.) during the 12-month period immediately preceding the commencement of the leave.
        Be employed at a work site with 50 or more University employees that is within 75 miles of that work site. The University of Iowa considers all work locations to meet this requirement.
        SECTION II: Reasons for FMLA Leave

        Employees do not need to request FMLA leave. It is the employing department's responsibility to determine what qualifies as leave under the Act and give written notice to the employee. Eligible FMLA reasons and the determining factors for leave include:

        The employee's own illness, injury, impairment, or physical or mental condition as defined in Section II.

        The birth, adoption or foster placement of a child in the employee's home: FMLA leave may be granted for bonding purposes to either parent or both within the 12 month period after the birth, adoption or foster placement, and must be completed within that period. Where both parents are employed by the University, the FMLA entitlement for a birth or placement of a child is twelve weeks for the two employees combined. The 12 weeks available for bonding purposes are not additional leave but are drawn from the parent(s) regular 12 week FMLA entitlement.


        The care of a child, spouse or parent with a serious/chronic health condition as defined in Section III: FMLA leave may be required to provide care to covered family members, with care defined in a broad sense of the term during a serious and/or chronic illness. It includes assisting a family member in the provision of financial care, physical care due to the nature of the medical condition, or simply comforting the ill family member.

        The Act recognizes the following family relationships as qualifying under the FMLA:

        Son or daughter: a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing "in loco parentis" under the age of 18, or age 18 or older and deemed "incapable of self-care because of a mental or physical disability."
        Spouse: a husband or wife as defined or recognized under State law for purposes of marriage in the State where the employee resides, including common law marriage as recognized by that State's laws. Iowa law does recognize common law marriages. The University also recognizes domestic partnerships registered with UI Benefits.
        Parent: a biological parent or an individual who stands (or stood) "in loco parentis" to an employee when he/she was a son or daughter as defined above.
        FMLA does not provide leave to care for parents-in-law, grandparents, siblings, aunts, uncles, or other adults, nieces, nephews or any other minor children, unless the employee has legal responsibility for those minor children.

        Departments may request certification of a family relationship, if there is any question, in the form of a statement from the employee, birth certificate or court document.

        SECTION III: "Serious Health Condition" Defined

        For purposes of leave for either the employee or a covered family member, the following definitions apply:

        “Serious Health Condition” means an illness, injury impairment, or physical or mental condition that involves one of the following:

        Hospital Care
        Inpatient care (i.e., an overnight stay) in a hospital, hospice, or residential medical care facility, including any period of incapacity or subsequent treatment in connection with or consequent to such inpatient care.

        Absence Plus Treatment

        A period of incapacity of more than three consecutive calendar days (including any subsequent treatment or period of incapacity relating to the same condition), that also involves:

        Treatment two or more times by a health care provider, by a nurse or physician’s assistant under direct supervision of a health care provider, or by a provider of health care services (e.g., physical therapist) under orders of, or on referral by, a health care provider; or
        Treatment by a health care provider on at least one occasion which results in a regimen of continuing treatment under the supervision of the health care provider.

        Pregnancy

        Any period of incapacity due to pregnancy, or for prenatal care.

        Chronic Conditions Requiring Treatments

        A chronic condition which:

        Requires periodic visits for treatment by a health care provider, or by a nurse or physician’s assistant under direct supervision of a health care provider;

        Continues over an extended period of time (including recurring episodes of a single underlying condition); and

        May cause episodic rather than a continuing period of incapacity (e.g., asthma, diabetes, epilepsy, etc.).

        Permanent/Long-term Conditions Requiring Supervision

        A period of Incapacity which is permanent or long-term due to a condition for which treatment may not be effective. The employee or family member must be under the continuing supervision of, but need not be receiving active treatment by, a health care provider. Examples include Alzheimer’s, a severe stroke, or the terminal stages of a disease.

        Multiple Treatments (Non-Chronic Conditions)

        Any period of absence to receive multiple treatments (including any period of recovery therefrom) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of Incapacity of more than three consecutive calendar days in the absence of medical intervention or treatment, such as cancer (chemotherapy, radiation, etc.), severe arthritis (physical therapy), and kidney disease (dialysis).

        Notes:
        Incapacity, for purposes of FMLA, is defined to mean inability to work, attend school or perform other regular daily activities due to the serious condition, treatment therefore, or recovery therefrom.
        Treatment includes examinations to determine if a serious health condition exists and evaluations of the condition. Treatment does not include routine physical examinations, eye examinations, or dental examinations.

        A regimen of continuing treatment includes, for example, a course of prescription medication (e.g., an antibiotic) or therapy requiring special equipment to resolve or alleviate the health condition. A regimen of treatment does not include the taking of over-the-counter medications such as aspirin, antihistamines, or salves; or bed-rest, drinking fluids, exercise, and other similar activities that can be initiated without a visit to a health care provider.

        Medical conditions typically NOT qualifying for FMLA leave include:

        cold or flu
        upset stomach
        headaches other than migraines
        routine dental or orthodontia problems
        periodontal disease
        routine pediatric care
        minor ulcers
        earaches
        cosmetic treatments unless medically required or complications arise
        employee's own use of illegal substances without treatment
        mental illness from stress or allergies unless it meets the criteria under the definition of a serious health condition.

        Note: The FMLA does not require reasonable accommodation to be made for employees. However, employees with serious medical conditions or under continuing treatment may qualify for accommodation under the Americans with Disabilities Act (ADA). Reference ADA procedures available from Faculty and Staff Disability Services, http://www.uiowa.edu/hr/fsds/ada.html.

        SECTION IV: Leave Availability

        Each eligible employee will be allowed 12 weeks of protected leave under the circumstances outlined in the above sections. However, if two employees have a spousal arrangement, are both employed by the University of Iowa and wish to take leave for a new child, the aggregate period of leave is limited to 12 weeks. Departments need to contact the spouse's employing department in order to coordinate the leave allowance under these circumstances.

        Section V: FMLA Intermittent, Reduced Schedule, or Continuous Leave

        Continuous leave is defined as two or more days of consecutive absence. Intermittent leave is an absence of six minutes or more that may or may not occur daily. Reduced schedule is a reduction of the work hours on each work shift or workweek. All leave must be medically necessary as described by the treating health provider.

        Regular attendance is an essential function of most University of Iowa positions. However, some health conditions require continuous leave to recover to the level to perform the essential functions or intermittent or reduced leave due to the nature of the condition or to receive medical treatment. Intermittent leave involves the use of periodic absences for an employee’s own serious and/or chronic illness or family member’s illness.

        Intermittent leave or reduced work schedule for the birth or adoption of a child does require the additional consent of the employee’s department.

        Each department is strongly encouraged to require the employee to provide medical certification documentation of the need for leave. Medical Certification provides information about the need for leave that is extremely beneficial particularly in cases when the absence has an unknown duration or unclear condition and treatment needs. Medical Certification is also beneficial in situations requiring intermittent leave or a reduced schedule. Again, this information provides reasons why the intermittent/reduced leave schedule is necessary, duration of the leave, clarification of need and identifies a treatment schedule, if applicable. Medical treatment should be scheduled during non-work hours when possible. Treatment may only occur during work hours if not possible during non-work hours or if the absence does not create an undue burden for the department.

        In all instances for requiring intermittent or reduced schedules, the employee and department shall attempt to work out a schedule that meets the employee’s needs without unduly disrupting the department’s operations, subject to the approval of the health care provider if applicable.

        When in unpaid status, the pay of salaried employees will be reduced for periods of leave less than one day without affecting exempt status under the Fair Labor Standards Act (FLSA).

        The employee may be temporarily transferred to an alternative assignment for which qualified that better accommodates the required leave until exhaustion of the leave and/or duties are able to be performed with or without accommodation according to the medical certification. The alternative position must have comparable pay and benefits but does not have to have equivalent duties.

        SECTION VI: Employee to Supervisor Notice Requirements

        Foreseeable Need:

        According to the Act, an employee should provide his/her department with at least 30 days advance notice before the absence is to begin when there is foreseeable need i.e., expected birth, placement for adoption or foster care, or planned medical treatment for a serious health condition of the employee or of a family member. The employee is not required to mention the leave as FMLA. However, when an employee needs to utilize leave of any type under the Act, and the employing unit has existing procedural requirements for taking leave that are less stringent than the Act requires, only the less stringent requirements may be imposed in regard to the FMLA leave.

        When planning medical treatment and/or intermittent leave or reduced work schedule, the employee must consult with his/her supervisor and make a reasonable effort to schedule the leave so as not to unduly disrupt operations at the work site, subject to approval by the employee's health care provider.

        Unforeseeable Need:

        Employees must give notice to their department within one or two working days of learning of the need for absence, except in extraordinary circumstances where such notice is not feasible (e.g., a medical emergency).

        The employee should contact his/her supervisor in person or by telephone. Notice of the need for leave may be given by the employee's spokesperson (e.g., spouse, adult family member or other responsible party) if the employee is unable to do so personally. The employee is not required to mention the FMLA, but must only state that leave is needed and the reason for the leave.

        Department Recourse when Employee Fails to Provide Required Notice:

        Failure to provide notice for clearly foreseeable need with no reasonable excuse for the delay can result in the employee being denied leave until after such notice is provided. However, it must be clear that the employee was aware of the specific notice requirements (met through the proper posting of the required FMLA notice at that employee's work site).
        SECTION VII: Department to Employee Notice Requirements

        A notice of employee FMLA rights will be posted in the department in conspicuous places.

        The employee must be given written notification of the designation of the absence as FMLA leave by the 4th day of consecutive absence or within four workdays for intermittent leave. The timing of this notice is very important. Departments shall not retroactively charge more than three immediately proceeding days of absences to FMLA. However, a department may retroactively charge absences to FMLA when an event occurs during a period of paid leave that changes the leave to an FMLA-covered event. For example, an employee is on a five-day planned vacation. On the third day, the employee breaks his/her ankle. The department may then count the last three days of the leave against the twelve-week FMLA allotment and apply applicable paid leave policies.

        Supervisors must notify employees regarding the designation of any FMLA leave either verbally or in writing. If such notice is verbal, it should be confirmed in writing within 3 working days.

        If the leave is identified in advance, written notice should be given to the employee prior to the start of the leave.

        Written notice shall be provided using the applicable University FMLA Notification Shell Letters, http://www.uiowa.edu/hr/relations/fmla.html

        If leave has already begun, the employee's supervisor must mail the notice (preferably via certified mail) no later than four business days after the start of the employees’ continuous absence, or within 4 workdays for intermittent absence.

        Retroactive designation of leave as FMLA qualifying can occur but only in the following circumstances:


        The employee's supervisor did not learn of the reason for the absence until the employee's return to work, or

        The supervisor made a preliminary designation of the leave as FMLA leave (and notified the employee) pending receipt of medical certification or a second opinion

        The employee's department must update the written notice within two business days if the content of the notice changes or if the type of leave changes (e.g. paid to unpaid leave usage).
        SECTION VIII: Payroll Records and Forms

        Any period of paid leave designated as FMLA is to be recorded on the employee's Monthly Pay and Leave Adjustment Record utilizing the codes specifically designated for use during a period of FMLA leave. FMLA codes may only be used if the employee has received written notice that the absence is being counted as a part of their FMLA entitlement. Note that Comp Time cannot be used as FMLA leave.

        Merit Leave Codes:
        13 FMLA Bone Marrow Donor
        17 FMLA Vascular Organ Donor
        29 FMLA Absence Without Pay
        51 FMLA Vacation
        52 FMLA Sick Leave-Regular
        53 FMLA Sick Leave-Family Caregiving
        55 FMLA Workers Comp-Vacation
        56 FMLA Workers Comp-Sick
        57 FMLA Sick Leave-Adoption
        58 FMLA Workers Comp-Unpaid

        If the employee has received written notice that the leave is FMLA, periods of unpaid leave that are less than a full work shift shall be recorded on the employee's Monthly Pay and Leave Adjustment Record as Code 29, FMLA Hours of Absence Without Pay. Full work shifts in unpaid leave shall be reported on a Leave of Absence form, with specific notation as being FMLA related leave.


        --------------------------------------------------------------------------------

        P&S Leave Codes:
        13 FMLA Bone Marrow Donor
        17 FMLA Vascular Organ Donor
        51 FMLA Vacation
        52 FMLA Sick Leave-Regular
        53 FMLA Sick Leave-Family Caregiving
        54 FMLA Workers Comp-Unpaid
        55 FMLA Workers Comp-Vacation
        56 FMLA Workers Comp-Sick
        57 FMLA Sick Leave-Adoption
        59 FMLA Absence Without Pay

        Full work shifts of unpaid leave should be reported on a Leave of Absence form, with specific notation as being FMLA related leave.

        SECTION IX: Certification by A Health Care Provider

        The University may require medical certification from a health care provider for the purpose of appropriately charging leave against an employee's 12-week FMLA allotment. However, departments may not require certification in situations involving the birth or placement of a child for adoption and/or foster care in the employee's home.

        FMLA regulations recognize the following as approved health care providers for the purpose of FMLA medical certification:
        Chiropractor
        Christian Scientist Practitioners
        Clinical Psychologist
        Clinical Social Worker
        Dentist
        Doctor of Medicine or Osteopathy
        Nurse Practitioner
        Nurse-Midwife
        Optometrist
        Physician Assistant
        Podiatrist
        And, any health care provider recognized by the University's group health care plans and any health care provider (meeting the preceding qualifications) practicing in another country who is authorized to practice in that country.
        The employee's department will give notice of the requirement for medical certification using the University FMLA Notification Shell Letter each time a medical certification is required. Departments may not conduct follow-up inquiries of the medical practitioner. A supervisor may request the employee obtain clarification from the medical practitioner of unclear information or to obtain non-addressed sections on the Medical Certification Form. If the supervisor feels a second medical opinion is necessary, a medical practitioner not associated with the University must conduct the medical exam and will be paid for by the employee's department. If the first and second opinion do not agree, a third medical opinion may be requested, again at the expense of the department.

        The University uses a standard form, http://www.dol.gov/libraryforms/form...orm_WH-380.pdf, developed by the Department of Labor (DOL), that shall be used for the purpose of acquiring medical certification by a health care provider for the appropriate designation of FMLA leave. The department may not request any information from the employee or the health care provider beyond that included in the medical certification form. However, a request of the employee to obtain medical practitioner clarification of unclear or missing information is permissible. This must be in writing. When leave is foreseeable and at least 15 days notice has been given, the employee may be required to provide certification before leave begins. Certification for unforeseeable leave must be provided within the time frame requested by the department. Fifteen calendar days will be allowed between the time the department requests the medical information and the time the employee is required to produce the documentation.


        When an employee is required to provide certification to receive leave for his or her own medical condition, the department MUST attach a list of the staff member's essential and marginal job functions for the health care provider to review. Departments should attach a copy of a faculty member's contract or work arrangement which identify essential work. The position information (essential functions or faculty work description) will be determined by referencing the position held at the time notice for needed leave was given or leave commenced, whichever was earlier. The essential functions are the basic job duties that a staff member must be able to perform, with or without reasonable accommodation. Information on the University’s essential and marginal functional analysis and the form can be found on FSDS’ website: www.uiowa.edu/hr/fsds
        Section X: Recertification

        The University of Iowa may require an employee to acquire recertification from his/her health care provider for long-term conditions under continuing supervision of a health care provider. The department will not request recertification during the leave period designated by the health care provider unless:

        Circumstances described in the original certification change significantly,
        The department receives information that casts doubt about the employee's reason for leave,
        An extension of leave is sought beyond the original specified period.
        Rectification will be accomplished at the employee's expense.

        The department may not request recertification until the period of incapacity specified on a certification furnished by a health care provider is nearly exhausted.

        SECTION XI: Return to Work Certification

        A release to work certification is required on all continuous absences of two weeks or more. The department will use the FMLA release to work shell letter available at http://www.uiowa.edu/hr/fsds/medshell.html to assure the ADA requirements are satisfied (e.g., release to work information must be job-related and consistent with business necessity).

        SECTION XII: Reinstatement of an Employee after FMLA Leave

        An employee may return to work earlier than expected since s/he is not allowed to take more FMLA leave than is necessary to resolve the circumstance for which the leave was needed under the FMLA. If an employee is able to return to work earlier than anticipated and perform the essential functions of the job, the employee must provide the department with two-business days' notice where feasible. The department must reinstate the employee once such notice is given or where prior notice was not feasible.

        An employee upon return from FMLA leave is entitled to the same job or an equivalent job (position in the same job location, with the same shift or equivalent work schedule, requiring substantially equivalent skill, effort, responsibility and authority, and having the same pay and benefits) with no loss of status.

        The employee is not entitled to restoration if the job previous to the leave has been eliminated due to a previously anticipated layoff or downsizing, the employee’s job is terminated due to the end of appointment, or if the employee is unable to perform the essential functions of the job upon return from leave in which case ADA provisions may apply.

        A department may accommodate an employee's request to be restored to a different shift, schedule, or position which better suits the employee's personal needs on return from leave, or may offer a promotion to a better position.

        An employee on FMLA leave is entitled to any unconditional pay increases which may have occurred during the FMLA leave period. Pay increases based on performance reviews conducted after 12 months of service may be delayed by the amount of unpaid FMLA leave an employee took during the 12-month period. In contrast, an annual compensation increase based on an employee's anniversary date may not be denied or delayed (once an employee returns from FMLA leave) to an employee on FMLA leave on his or her anniversary date.

        Employees on leave are entitled to health benefits during leave under the same terms and conditions as active employees. If the employee does not return to work after a leave, the University may practice its right to recover any amounts paid by the University for health benefits; unless the employee does not return to work because of the recurrence, continuation or onset of a serious health condition or some other factor beyond the employee's control.

        If an employee's health insurance lapses because the employee has not paid co-payments or contributions, the University provides a 30-day grace period for the employee to make up the premium payment without incurring coverage reduction.

        An employee returning from leave will be reinstated to all benefits, with no change in coverage, even if coverage has lapsed during the leave period due to the employee's failure to pay a required premium or other policy restrictions.

        The University will not provide or allow employees to accrue benefits during any period of unpaid leave.

        The University will not use an employee's taking of FMLA leave as a negative factor in any employment action, including promotions or otherwise discriminate against any employee for exercising legal rights to such leave.
        SECTION XIII: FMLA and Worker's Compensation

        The FMLA's entitlement will run concurrently with a worker's compensation absence when the injury is one that meets the criteria for a serious health condition. However, restricted duty assignments may be substituted for an employee's regular job if the health care provider approves and if the employee is unable to return to his/her regular job with temporary accommodations. An employee may decline a restricted duty assignment; however, the employee may not be eligible for workers' compensation payments.

        SECTION XIV: FMLA and the ADA

        A department must provide leave under whichever statute (FMLA or ADA) provides the greater rights to employees. Departments are encouraged to consult with Faculty and Staff Disability Services to determine department options and rights afforded employees in these circumstances.

        SECTION XV: Tracking and Documenting FMLA Leave

        Each department will track employee FMLA leave based on a calendar year.

        A holiday occurring during a continuous FMLA leave will be counted against the FMLA 12 weeks.
        If the business activity temporarily ceases in a department and employees are expected to not report for work for one or more weeks, the days the department's activities have ceased do not count against the employee's FMLA leave.
        Records and documents relating to medical certifications, recertifications or medical histories of employees or employees' family members, created for purposes of FMLA shall be maintained as confidential medical records separate from the personnel file. If ADA is also applicable, such records shall be maintained in conformance with ADA confidentiality requirements except that:

        Supervisors and managers may be informed regarding necessary restrictions on the work or duties of an employee and necessary accommodations;
        First aid and safety personnel may be informed (when appropriate) if the employee's physical or medical condition might require emergency treatment.
        top

        - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
        Questions? Contact [email protected]
        Site maintained by HRWebTeam: h[email protected]
        © The University of Iowa 2003-2004. All rights reserved

        Comment


        • #5
          Did/does her employer know she was out for a FMLA qualifying reason? They can not retalitate for soemthing they dont' know about. In this case, they would almost have to retroactively apply FMLA as there was no advanced notice that she would be out sick. In these kinds of cases, it isn't really retroactive, it is simply being applied as soon as the employer knows FMLA is in play. A doctor's note that just excuses her for 3 days wouldn't cut it.

          The 2 days she took off for the child's illness would probably not count unless it was way more serious than just a cold or the flu. It doesn't matter if the fathers are in the picture or not. Single parent status doesnt' require special consideration as far as the employer is concerned.

          So, in essence, it depends on what she told the employer and why the employer demoted her. If it was because of the sick child, it stinks but is legal. If it was for both absences but the employer had no reason to believe FMLA was incolved, it is legal. If they knew FMLA was invovled and retaliated agaisnt her for taking it, it's not legal.
          I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

          Comment


          • #6
            Tuborwray, what you have posted is the University of Iowa's policy, not the law itself. I'm leaving it be since you also included enough information not to violate copywrite laws, but it should be made clear that if the University has any additional allowances not required by Federal law (or required only by Iowa law) they would not apply to employees of other institutions. Maybe next time, instead of cutting and pasting, you could simply post a link to the relevant law. They can be found on the US Department of Labor website.

            www.dol.gov.
            The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

            Comment


            • #7
              Originally posted by cbg
              Tuborwray, what you have posted is the University of Iowa's policy, not the law itself. I'm leaving it be since you also included enough information not to violate copywrite laws, but it should be made clear that if the University has any additional allowances not required by Federal law (or required only by Iowa law) they would not apply to employees of other institutions. Maybe next time, instead of cutting and pasting, you could simply post a link to the relevant law. They can be found on the US Department of Labor website.

              www.dol.gov.
              Sorry CBG, I did not notice that! I will cherish the link you gave me!

              Comment


              • #8
                I think it's dead wrong what they did to you. It doesn't cost a thing sometimes to at least get a lawyers advise. If you are ill and a doctor takes you off of work. You don't have a choice in the matter.. and you definitely shouldn't be punished by it. Too many agencies get away with that sort of behavior and that's why they continue to do it.

                Comment


                • #9
                  ugotjokes, please do not reply to old threads - this thread is from 2006. 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.

                  Comment


                  • #10
                    I just registered a few min ago. I may make a few errors before I get the hang of it .

                    Comment


                    • #11
                      Ok. I was just letting you know we don't reply to old "dead" threads. You aren't the first one to do so.
                      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

                      Working...
                      X