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FMLA loopholes abused by employers?

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jeffjacobsen

Junior Member
What is the name of your state (only U.S. law)? PA

April 2nd. My wife had to have a PET/CT Scan due to a suspected swollen spleen and a barrage of other health problems. At first, the immunologist she sees thought her spleen was swollen. Maybe due to a flare up from Mononucleosis. The test wasn't finished until 50 minutes before I was to report to work. I was under the impression it would be safe and I could just go to work that day. However, the test ran a little late so I had my mother pick up my wife so I could get to work on time. I got home to get my things around quickly and meet up with my daughter from the bus stop to let her know her Mom and Gram would be there within 5-10. I received a text from my wife who was upset I wasn't there and informed me that she could have vomiting and seizures from adverse reactions to the tracer and drink she had administered and wanted me to get an FMLA to make sure nothing bad occurred at home without someone there to call 911 that was an adult. So I rushed to work 15 minutes early. The company nurse said my FMLA was approved. I tried to tell my supervisor what was going on. He stated I would have to fill it out the rest of the way and have my wife's Dr sign the FMLA on my own time!! I tried to express my feelings without being offensive and left to get back to the Dr's office to have the form signed and get back to the house. The Dr. wasn't available to have the form signed then and there at the time I arrived. So I left it with his assistants and said I would be back tomorrow to pickup the form the next morning. My wife had an appointment on the 3rd in the morning to be admitted in outpatient for her monthly IVIG (Intravenous Immune Globulin) treatments. So the nurse handed the FMLA off to me. I rushed it back to work. The company nurse seemed irritated and scrutinized the form being sloppily filled out. I told him I'm sure if he needed to clarify anything with my wife's Dr they would be happy to assist him in obtaining any information he may need to come to a decision on the FMLA form's validity. After that I called the supervisor and tried to talk with him again and apologize for any offense he may have taken to my anxious behavior. He stated he understood but he couldn't work with me since I left and didn't give him a chance... I have 2 kids one 11 and another 5 years old. Normally they rely on their mother for nearly everything since I work 2nd shift. If she was to fall ill from the scan I'm not sure if my 11 year old would be capable of making a decision on whether a call to 911 would be warranted or not. My mother is in remission from breast cancer and 67 years old. I hate to say it,but mom seems to be suffering from slight bouts of dementia where she'll forget what we're talking about 3 minutes later... Can they nail me with an attendance hit? The FMLA form stated her scan was on the 2nd. When the company nurse mailed his version back to me it only states the 3rd. It was the 3rd when I returned the form. However, he had checkmarked the form that I was approved for FMLA on the 2nd 5 minutes before my shift was to begin.
How screwed am I when I go back to work? Can they legally give a demerit against my attendance? We have a point system. 6 consecutive strikes in a calendar year and you're canned. 5 we get suspended for 3 scheduled working days(and lose our yearly bonus check). 4 and 1/2 we lose our yearly bonus checks(If they fall within a calendar year). Each strike is removed from our record 12 months from the date each individual strike is received. I read the rules of the FMLA... States 30 days notice unless an event prevents such notification from being possible..
Blood tests indicate it's not Mono. Symptoms indicate it could either be HIV(Both of us have recently been tested for that and are negative),TB,Sepsis,Lymphoma, or the one she has all the symptoms for... Leukimia.. I'm full of fear,anxiety, and shock from her current health problems.. I don't need my supervisor adding to it with suspensions and yanking a bonus check from me.
WTH should I be doing? We have a union. Should I be contacting my union steward with this information before I attempt to return to work when she's able to reasonably function without my assistance? I had contact with other members on my shift on the 2nd after my wife and kids were asleep. They stated alot of them were sent home early for lack of work. On the third we were all called and told not to show up due to lack of work. I'd like to think he's gonna be a nice guy about it. But he's not really given me a reason to believe it yet. Maybe I'm just a worry wart and he'll prove me wrong. Currently at 4 and 1/2 hits and 1 and 1/2 will be gone by the end of May.
48 minutes ago - 4 days left to answer.
 


swalsh411

Senior Member
Nothing in the FMLA addresses attendance "hits". If you are terminated for taking legally protected leave, you may have a case against your employer. Until that happens, you really have no cause of action.
 

commentator

Senior Member
After I waded through all this extraneous bull, it finally came clear to me that you haven't had anything happen to you yet. Not even another "hit" on your attendance points. Frankly, I think you should be very thankful and happy that you have this very good sounding job, and that you are protected by FMLA, and be quiet about it. You pushed the envelope when you mouthed about the supervisor's audacity at asking you to get a doctor's excuse for your absence due to your wife's situation, (your "anxiety reaction" as you called it.) He had every right to ask you for this excuse documentation, and didn't give a flip about your complicated family situation that led up to your being late. You've obviously been in an extremely protected environment during your work life or you'd have more appreciation for this. As someone said, if they terminate you, then you can start appealing to your steward, file for unemployment, which will more than likely be approved with a doctor's statement, and keep telling this sad tale. Otherwise, move on.
 

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