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Fmla

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Brigette

Guest
What is the name of your state? Michigan

I work for the lovely USPS. My son has an ongoing chronic illness where he has progressive narrowing of his coradid arteries. Due to this disease he has TIA's (ministrokes) on a regular basis. I have submitted FMLA paperwork 6 times. It was approved the first two times. Dissaproved the last four times. Everytime I would submit it they would ask for something different on a different question. Thus being able to dissaprove FMLA absences and then disipline me for attendance. I am at a letter of removal for staying home and caring for my son. The doctor has filled out the paperwork again and FMLA coordinators wrote me a letter back stating that my sons condition does not meet the requirements of chronic. The unioin wants me to settle at a 14 day suspension and I dissagree with this because i feel these absences should be covered under FMLA. Just because some coordinator feels its not chronic means nothing to me. I know what happens when my son has a TIA (ministroke). But in order for me to continue working and being able to pay my bills i am being forced to sign this document. here are my ??'s Can I put a notation on the agreement that I am signing under duress with the reason of why i disagree and protect myself if anything (god forbid) happens to my son and i have to take off work. And can i sue supervisors, fmla coordinators, USPS if the unmetionable happens to my son while I am at work due to thier decision of my FMLA? If so, should i have a lawyer write me a letter stating so and have it put in my file to protect myself from further disipline? Sorry this is long but lots of details. Thanks for your responses.

brigette
 


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Ramoth

Guest
Brigitte, call the Department of Labor before you sign anything. It is my understanding that if your doctor certifies that your son's condition qualifies under FMLA, the only way the company can deny leave is to pay for a second opinion.
 
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Brigette

Guest
Thanks for your response and I have contacted the US DOL and they referred me to Wage and Hour division. Also they gave me some websites for the laws and faqs of FMLA. Thanks again. :)
 
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Brigette

Guest
would still like to know

Can I put a notation on the agreement that I am signing under duress with the reason of why i disagree and protect myself if anything (god forbid) happens to my son and i have to take off work. And can i sue supervisors, fmla coordinators, USPS if the unmetionable happens to my son while I am at work due to thier decision of my FMLA? If so, should i have a lawyer write me a letter stating so and have it put in my file to protect myself from further disipline? Sorry this is long but lots of details. Thanks for your responses.
 
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Brigette

Guest
more on FMLA

Can FMLA be denied if the healthcare provider didn't fill out the paperwork completely? or, checked the wrong category? Is this anal on coordinators part? I bet it is.....
 

Beth3

Senior Member
Bridgette, no you cannot sue the employer if you are at work and something happens to your son. They are not liable for your child. But you will be able to sue your employer if the DOL rules that they violated your FMLA rights. You just need to wait and see what happens.

In the meantime, either comply with your employer's dictates or see a local employment law attorney for specific advice on your situation.
 

Beth3

Senior Member
Bridgette, there are attornies who post here but none of them is going to give you specific legal advice on your situation. They have liability if they do so. If you need other than general information/advice on the law, you're going to have to consult with a local attorney.
 

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