Can I be fired on medical leave when following my supervisor's directions?

[jjjorden]

Hello,
I currently work in Philadelphia, PA for a major airline (greater than 50 people) and for more than 2.5 years (more than 1250 hours). I am a diabetic and recently had a wound on my toe. I went to the doctor who wanted me off of my feet and as a result out of work for approximately 1 month. I obtained the necessary documentation and notified my supervisor and with his help was sending the paperwork to, what I thought was, the right department. Well, find out that I was not sending the information to the right department and as a result the job just thought that I wasn't coming and fired me. Is there anything that I can do about that? Can I get my job back?

 

[ecmst12]

Yes, you can file a complaint with the US DOL for FMLA violation. Now that they know you were taking protected leave, they should rescind the termination...if they don't, file the complaint.

 

[cbg]

I'm not so sure this is going to qualify as a FMLA violation. At any time, jjorden, did you receive confirmation from your employer that your paperwork had been received and that your leave was accepted? And if you didn't, why did you not follow up?

I'm by no means sure that the DOL is going to accept a claim for a FMLA violation for paperwork sent to the wrong location and no followup by the employee. Sending the paperwork to an unconfirmed address and then doing nothing until you get a termination for job abandonment a month later doesn't sound like a FMLA violation to me.

The DOL rarely requires reinstatement for information received after the fact.

I'm not saying there's no chance and I'm not saying don't try. I'm saying I don't see it as being as cut and dried as ecmst12 appears to.

 

[jjjorden]

To cbg:
The was some follow-up. I was contacted a couple of times that the documentation that was sent out needed dates and could I send them an updated copy. It was never sent out to an unconfirmed address, it was faxed to the number that I was told to send it to. I did drop the ball in seeing if my leave was approved. However under the direction and with reassurance from my supervisor I was under the impression that everything was okay

 

[cbg]

Okay, I understand. But even so, your failure to follow up and confirm that the leave was approved may block this being considered a FMLA violation. The fact that your supervisor was working with you is about the only reason I'm not telling you to forget the whole thing.