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Family Medical Leave Question

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DIXIESZOO

Junior Member
What is the name of your state? PA
Can your employer force you to take FMLA leave under the threat of job termination for no other reason in that they have no other reason to lay you off or fire you ?? My understanding of the fmla is, it's a protection for the
employee to protect their job, not a tool for the employer to use to oust you
from your job.
 


cbg

I'm a Northern Girl
I want a WHOLE lot more information before I answer that one. There are circumstances in which it is entirely legal for an employer to force you to take FMLA - in fact, there are circumstances in which the employer is legally REQUIRED to apply FMLA whether you want them to or not. However, it is impossible to tell from your post whether that is the case here or not.
 

DIXIESZOO

Junior Member
After 12 1/2 years working for my County, the County's largest employer, in April 2004 I applied for and was given a position as office manager for my local district justice office. This is a position I have 5 years previous experience with and am very well qualified. I found my staff very uncooperative because one wanted and wants my position and the district justice does not want an office manager, he wants complete control of the office. There is constant, graphic and explicit sex talk in the office which includes my entire staff including the district justice. I am an incest survivor and this constant talk in the office creates a hostile work environment in which I do not fit in well. However for 1 1/2 years I endured this hostile work environment and in Jan. 2005 I received an excellant yearly job review. In August of 2005 without any warning the district justice berated me for making an error which to this day I don't know what it was he would not tell me what it was and he shouted at me as a drill sergeant to a new recruit and told me I was close to losing my job. I was told to "shut up" and was not allowed to speak. In shock and very upset as nothing has ever been mentioned of poor job performance before I took the next day off (an earned personal day) to go to my human resource manager to apply for a transfer and see my doctor, which I did. My doctor who is a mental health professional determined I was suffering from a stress induced depression and suggested FMLA leave which I opted not to do, due to fact I immediately had a long holiday weekend and after only 3 more days had a week long previously scheduled vacation. After I returned from the holiday weekend I was asked "what I was doing there" because the rumor mill had it that I was in the hospital on suicide watch and had a nervous breakdown. I am a proud professional and you can imagine my embarrassment. After returning from my weeks vacation I was told to attend a meeting with my human resource manager and district justice. At this meeting again I was not allowed to speak and was told that my application for transfer was frozen and I must take unpaid FMLA leave for an indefinite period of time under the threat that if I did not it would mean immediate employment termination. I signed the papers under duress and fear of losing my job. I am now in financial hardship and fear losing my retirement pension, health insurance, employment and any chance for a job transfer due to rumors, innuendos lies and bulllying and am being discriminated against due to mental illness and most of all percieved mental illness. Have I been wronged ?
 

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