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FMLA then "layoff" termination

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C

ccf815

Guest
What is the name of your state?What is the name of your state? South Carolina

I had worked at the same location for 4 years. Originally hired by ABC company. Then our division was bought out by XYZ company when I had been there 2 years. Several people were fired the first day XYZ was there and this has happend several times since I have worked there.

I was on FMLA for my own medical reasons, they had previously wrote me up for missing time, and to make it look better for myself, I took FMLA that my doctor agreed with and filled out the appropriate forms. They got the forms back and decided that they allowed me too much time off, sent them back to the doctor and she in turn, allowed me less time off, or an amount that they agreed to. I didnt think too much of it at the time, but I am not sure if that was ok for them to do.

Then recently my father had an accident and I took FMLA to be with my family out of state for about 3 weeks. Three days prior to my return, they let about 6 or more people go because of "company cutbacks". I returned on my scheduled day back and was also terminated because of company cutbacks.

Can I be terminated on my first day back from FMLA?

Also the company headquarters is based in Illinois, does that change any governing labor laws when the division is in South Carolina?

Doesnt FMLA protect my position and for how long after my return?

Also, there was never any written policy about how often you could be absent before being written up for it. Each supervisor decided for his/her employees when late was really late, or if you were absent too much.

I was given 4 weeks severence pay, because it was a "layoff".

What do you recommend?

Thanks, sorry so long.
 


rmet4nzkx

Senior Member
how many weeks of FMLA time did you take and did they retroactively apply some of that time to past absenses?
 
C

ccf815

Guest
FMLA time off

I was on FMLA for my father for 3 weeks. I was not off at all for the FMLA for my own medical reasons. I went on FMLA due to my illness and absences a few weeks prior to my fathers accident.
 
C

ccf815

Guest
Fmla

Oh, and no, they would not apply any of the already missed time to FMLA. It had to accur after the paperwork was oked.
 

rmet4nzkx

Senior Member
Here is a link to US DOL re FMLA: you are entitled to 12 weeks in a calendar or 12 month/year. They have to guarentee your job. Several of our members are here during the week who can answer in mor edefinative terms but it sounds like you have a claim, although you knew there was a likelihood of layoff due to downsizing. US Department of Labor: Compliance Assistance: Family and Medical ... The Family and Medical Leave Act (FMLA) requires covered employers to provide up to 12 weeks of unpaid leave and continued health coverage to employees in a 12 ... http://www.dol.gov/esa/whd/fmla/
 

cbg

I'm a Northern Girl
FMLA does NOT protect your position from a layoff, downsize, or other termination that would have happened regardless of whether you took leave or not.

In order to have a claim, you are going to have to show that you would NOT have been let go, even with the company cutbacks, if you had not taken FMLA leave. That the only reason you were one of the ones let go during the cutbacks was BECAUSE you took FMLA leave.
 
J

jerzeegirl

Guest
Question on FMLA and termination

Is everyone saying that FMLA guarantees that an employee will have his/her job available to him/her if all of the respective provisions are met? I know someone who was fired during FMLA leave. This person received a termination letter saying they were no longer capable of doing the job because of their illness. There wasn't anything disciplinary going on, no layoffs or anything like that. They had been doing the job with minor accommodation, that being the same job in a smoke-free environment vs. a smoke-filled environment- the job wasn't created, it already existed. The person is severely asthmatic, and hadn't exhausted their FMLA leave. Does the EEOC handle FMLA violation complaints?
 

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