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fmla in ny New York

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  • fmla in ny New York

    Hi,

    I requested some fmla paperwork last week from my employer since I need to get shoulder surgery. Up until I reqested the paperwork, noone questioned my job preformance. Two days after I requested the paperwork my manager called me into his office and said that I have done several things wrong, one in which is an open issue, today at work they said that i did something else that is an open issue. It seems to me as if they are trying to fire me before I go on fmla. Is it legal for them to look for things to fire me for when I request fmla leave? Can they fire me right before I go on leave? Can they fire me when I am on fmla?

    Thanks

  • #2
    Having requested FMLA is not a get out of jail free card. So the issue here is whether or not the complaints are justified. If you truly did do something wrong, the fact that you've asked for FMLA does not protect you from the consequences. FMLA protects you from being fired BECAUSE YOU ASKED FOR FMLA and the resulting absence, not for any other non-related business reason.

    An employee who has asked for, taken, or is currently on FMLA cannot be fired BECAUSE they asked for FMLA, or because of their absence (assuming that they return to work within or immediately at the close of the 12 protected weeks). But they can be fired for a legitimate business reason that would have happened anyway regardless of whether they asked for or took leave or not.

    If you feel that your employer has violated the FMLA protections, the appropriate regulatory agency is the US DOL.
    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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