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fmla/disability Minnesota

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  • fmla/disability Minnesota

    I was on an FMLA approved leave for my own serious health cond. Prior to returning to work I informed my manager that I needed to extend my leave. I did not have a specific return date at that time and asked if he needed any additional certification. He said no, that since I didn't have a specific date of return, we could complete any necessary paperwork when I returned. He did ask that I keep him updated and to call the supervior everyday to let him know I wouldn't be in. Three weeks later, while still out on FMLA I was terminated for poor attendance. This seems to me to be a violation of the provisions of FMLA. It had also been said to me that even though I was an excellent worker, our dept was rather small and they really needed me to be there. What recourse do I have or what do I need to do to fight this.

  • #2
    How long, TOTAL, did you miss?
    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.

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    • #3
      7 weeks total. Went out March 6 and returned April 24. I was originally to come back on the 1st of April.

      Comment


      • #4
        As long as you kept them updated and provided the documentation as required, it would not be legal to terminate you before the 12 weeks was up. FMLA does not look at the department, but the overall employees within a 75 mile radius. If there are at least 50, it doesn't matter how many may be in your department.

        You would file a claim with the DOL.
        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.

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        • #5
          Thank you for your input. Also, if what I feel were derogatory comments made to other employees about my health by management, should that be pursued any differently. One comment was "maybe I should get another doctor", and "well she sure looks good." (Like I looked to well to really be sick.) I also thought it to be very humiliating to have to call in every morning, and it certainly didn't help having that added stress. Any thoughts on this?

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          • #6
            No, it isn't humilating to call in each day. If that is the policy, then they were treating you just like anyone else which is exactly what is required by law. I'm sure whoever you called everyday got sick of it too, but it is not illegal to have a policy that is merely annoying. A 30 second phone call once a day is not stress inducing.


            While in some cases deragatory comments can be actionable, the ones you use as examples would not be. For one, they aren't really negative and sound like the usual sort of comments peopke make anytime someone is ill for an extended period. You might not like it but you can't totally prevent anyone mentioning that you are out on leave or making any sort of comment beyond the fact that you are out.
            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.

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            • #7
              I hear what you're saying, but I was treated differently in requard to calling in. No one else has ever had to continually call in when out on FMLA. I also understand your take on the stress factor, but when suffering from a seriously disabling illness and trying to get adequate rest to recover, it can be additional stressing to know that you have to call in first thing in the morning. I start work at 6am and we have to notify them at least 1 hour before. When you haven't been able to sleep, and then being afraid when you do that you might not hear an alarm clock and miss making the call is stressful. Being on 4 different meds and sometimes not sleeping for 36 hours and then sleeping for 18 when i could finally doze off didnt make calling in at 430am every morning condusive to my recovery. Aside from feeling humilated i also felt as if it was a form of harrassment. I have had to take FMLA in the past for the same condition, which they don't like. And I have never had to call in everyday. It made me feel that they thought I was lying and was just out having fun.

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              • #8
                It still is neither harassment nor illegal. Firing you might be in violation of FMLA but these other things are not.
                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

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