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Fmla

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Joel K. Harris

Guest
What is the name of your state? Florida

What is the employer required to do concerning the use of the FMLA?

Can your employer put you on FMLA leave without informing you in writing?

Can an employee refuse the FMLA?

Can the employer dismiss an employee using the FMLA without first informing the employee they could lose there job in writing?

How to request an investigation by the US LOD for a violation in the FMLA?

I was a career service employee for the state of Florida. I was informed I had exhauseted the FMLA leave. Although I had annual and sick leave earned, but I was not allowed to use the leave.

I was never provided anything in writing that I could be dismissed if I was unable to perform my job duties to medical problems.:D:D
 
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J

Joel K. Harris

Guest
Joel K. Harris said:
What is the name of your state? Florida

What is the employer required to do concerning the use of the FMLA?

Can your employer put you on FMLA leave without informing you in writing?

Can an employee refuse the FMLA?

Can the employer dismiss an employee using the FMLA without first informing the employee they could lose there job in writing?

How to request an investigation by the US Department of Labor for a violation in the FMLA?

I was a career service employee for the state of Florida. I was informed I had exhauseted the FMLA leave. Although I had annual and sick leave earned, but I was not allowed to use the leave.

My medical problems are due to my combat injuries from Vietnam. I am service connected due to my combat in Vietnam.

I was never provided anything in writing that I could be dismissed if I was unable to perform my job duties to medical problems.:D:D
:D
 
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Beth3

Senior Member
1. The employer is required to identify situations that fall under the provisions of the FMLA and offer such leave to the employee.

2. Based on a recent court decision, yes. Prior to that, DOL guidelines required the employer to notify the employee in writing thier leave time will be attributed to their FMLA entitlement. Generally speaking, as long as an employer is at least as generous with leave time as is required by the FMLA, written notification is no longer necessary.

3. No. If an employee is off work for a reason that qualifies under the FMLA, the employer may attribute that time to the employee's FMLA entitlement. The employee's consent is not necessary.

4. Yes although whether that's a hazardous decision on the employer's part will depend entirely on the specifics of the situation.

5. Contact the DOL in Washington, D.C. (www.DOL.gov)

6. Without knowing all the particulars of your situation and the employer's policies, it's not possible to comment.

7. Not necessarily pertinent. Any time an individual is unable to perform their job, they are in jeopardy of losing their employment. Written notification is not required by any law.
 
B

badtenant

Guest
Joel K. Harris said:
What is the name of your state? Florida
I was a career service employee for the state of Florida. I was informed I had exhauseted the FMLA leave. Although I had annual and sick leave earned, but I was not allowed to use the leave.

I was never provided anything in writing that I could be dismissed if I was unable to perform my job duties to medical problems.:D:D
==================================

YOU are whats WRONG with America......YOU expect to take all the time off to the exact day the law allows. And piss off your employer.

Then you wanted even MORE TIME OFF, and they said no.

With Millions of good hard working ON TIME employees available to work today..... YOU as a career lazy state employee, took advantage of your situation, and now you are getting your just due.

I applaud them for firing you. You put a strain on the other employees, now they will find someone more responsible and considerate.
 
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Joel K. Harris

Guest
July 7, 2003

Dear Sir:

I am service connected for combat in Vietnam.

I have 35 years of service with the state of Florida and earned 1200 hours of sick leave.

My medical absence was due to my combat injuries from Vietnam.

I have not been provided anything I did not earn in blood or honest work.

I was considered for the Medal of Honor. We Vietnam vets could take all of our medals and be unable to get a cup of coffee.

I suggest you think and know the facts before responding emotionally.

We did serve so you could have the right to express your beliefs and emotions in a public forum.

I disagree with your comments, but I would serve to allow you that right to express yourself.

We served for a greatful nation. I returned home alone.

196th. Lightinfantry
 
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Beth3

Senior Member
Joel, you just have to ignore posters like badtennant who have nothing useful or intelligent to contribute.
 
J

Joel K. Harris

Guest
Beth:

I appreciate your suggestions.

I will have my case investigated by the US Department of Labor.

"All employers must inform employees etc. in writing"
per the FMLA.

My employer, Department of Corrections for the state of Florida, did not follow the law.

The money is not the issue. Major government agencies must be required to adhere to the law as we employees are requied to follow the law.

God bless.


JKHSR
 

Beth3

Senior Member
Joel, perhaps you have misunderstood. A federal court recently ruled that the employer did NOT have to inform the employee in writing that their leave time is being attributed to their FMLA entitlement as long as the employer was being at least as generous as required by that law.

Employers DO have to notify employees in writing as to their entitlements for leave under the FMLA however. That is typically done in an employee handbook or similar document.
 
J

Joel K. Harris

Guest
I have discovered that I am qualified for ADA. My service connected disabilities meet the requirement for ADA.

I have done some reading that compares FMLA and ADA leave.

Also, the requirement is different for the employer, state of Florida with the Department of Corrections, than just FMLA for returning the employee back to work.

Does anyone have any suggestions or have you had a similar situation.

The Department of Corrections ignored my disability. My disability is well known by my immediate supervisor and others.


Beth: do you have any suggestions or additional information concerning the FMLA and ADA for leave and right to return to ones position or equivalent position etc..



JKHSR
 
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