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FMLA harassment Oregon

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  • FMLA harassment Oregon

    I have been employed by a company for nearly a year. Shortly after hire I went to HR about my disrespectful, unprofessional, hostile supervisor, citing particular incidents. Nothing changed. The latest complaint is here (the gist of the conversation):

    I was asked by my supervisor if I knew my FMLA “boundaries.” I said I thought it was 3-4 days a month, that I had the FMLA information and could send him what HR gave me.

    He misattributed my planned unpaid days (trip scheduled before I was hired) as sick days and said he said he needed to know how much I would be there since he had to staff the place, how much time was I planning to take off, that this wasn’t a threat.

    [Small talk...] I said I could send the FMLA information that I got from HR, I believed I was approved for 3-4 days a month.

    He said he had to be honest—he already talked with HR.

    I asked what they told him.

    He said they told him I was approved for 3-4 days a month.

    I asked him why he asked me if I knew, if he already knew.

    He said he wasn’t trying to be dishonest, he wanted to know that “we were all on the same page,” that he needs to staff our office, and that he would be “observing” me.

    I said I understood that, thanked him, and asked if we were all set.

    He acted like he had no idea how many days I was approved for, then waited for me to give my answer to make sure it matched up with HR’s answer. It made me feel that he was trying to catch me in a lie, especially now that I would be “observed.” I do not know why someone would tell me something wasn’t a threat unless they thought their words sounded threatening.

    I was also bothered that this whole conversation (along with my review, one-on-one meetings, etc.) was in his cube, out in the open. I feel that these are private matters.

    My review was great, and I have contributed positively to my department and projects.

    I am going to HR again, making sure I am not being presumptuous--perhaps he is being pressured by HR about my FMLA time and is doing due diligence in questioning me, but the manner in which I was spoken to made me feel that my honesty and integrity were being tested.

    I am taking this to HR, but I would like an opinion about what consequences are to harrassment over FMLA leave. Also, I checked my record and found I have not called in sick more than twice in a month, neither before nor after being approved for FMLA, whether for migraine or other illness. Of those days, only ONE was sick-unpaid. All others were paid sick leave or covered by FMLA.
    Last edited by or_worker; 01-10-2007, 08:23 PM. Reason: Clarification.

  • #2
    I'm confused. If you have worked for this company for under a year, you are not eligible for FMLA. The eligibility requirements are set by Federal law, not by the company, and among other requirement include that you must have been employed by this employer for no less than 12 months.

    So how does FMLA come into it at all?
    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.


    • #3
      My company's guidelines state 180 days.


      • #4
        As I said, FMLA eligibilty requirements are set by Federal law. Your company does not have the authority to override them. They may offer a form of leave at 180 days, but it is NOT FMLA and does NOT come with FMLA protections. Doesn't matter what they call it; protected FMLA is not available, no matter what, until you meet the Federal requirements.

        Since it is not FMLA by definition, the company is free to approve or disapprove the leave as they see fit. You are not being "harassed" over FMLA, since no matter what they choose to call it, this leave does not qualify for FMLA protections.
        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.


        • #5
          Perhaps because it is combined with OFLA.


          • #6
            From the Oregon Family Leave Act website.

            Q. What is the difference between OFLA and FMLA?
            A. OFLA applies to employers with 25 or more employees. To qualify for leave benefits, employees must have worked at least 180 calendar days and an average of 25 hours a week (except for parental leave, when no weekly average is required) to be eligible for OFLA leave.

            FMLA applies to employers with 50 or more employees. To be eligible for FMLA leave, employees must have worked for the employer for at least 12 months (not necessarily consecutive), and have worked at least 1250 hours during the 12-month period immediately preceding the leave.


            • #7
              Then substitute OFLA for FMLA in my post. Is he being out of the line to the point of HR needing to step in, or is it withing HR's rights to do nothing?


              • #8
                I really don't think he is doing anything that is illegal or underhanded. He may be under some pressure about all your absences from work. If it was me I would really be asking questions about an employee that had to take off so much sick time. After all they did hire you to work and part of working means being reliable, dependable and showing up when your supposed to. Not meaning to be mean but maybe that's something you should think about.


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