What is the name of your state (only U.S. law)? VA
I am asking a question on behalf of my niece who is 34 years old and recently fired from a restaurant for not being dependable (which was the reason she was given a week later).
My niece has been a full-time employee for 2 years (the establishment employees 150 people. She has been a part-time supervisor for the last year and a half.
She was diagnosed with Graves disease in January of 09 this year by a specialist. She gave the head supervisor a letter stating that she was sick and could not work for awhile because of the symptoms of her illness (rapid heartbeat, nausea, general feeling of being tired). She was told just to bring a doctor's note when she returned to work, which was about 4 weeks later. She missed a day occassionally since then, but she normally covered her shift. She also worked many doubles and stayed over (she is a waitress) when the restaurant was staffed short or someone else called in. She has worked for this establishment approximately 6 times over the last 20 years. She started when she was 14 with a worker's permit.
I was speaking with her yesterday and she was telling me that she had been fired a few weeks ago, she had called in for that shift because the babysitter could not watch her two younger children, but still gave several hours notice.
The owner's wife was there who is not an employee of the restaurant and told the second shift supervisor to call my niece and tell her that she was fired. The head supervisor was out of town. The second shift supervisor later told my niece that the owner's wife was having a bad day.
The point of all this is that she was never told about the FMLA when her supervisors where made aware of her illness, she was told to bring a doctor's note when she came back. The doctor has written notes for her since the diagnosis of her illness. My niece did not even know what the FMLA was until I explained it to her, she has an eighth grade education and did not understand that she should have been put under FMLA, she was told to come back to work when she felt better and she did and has worked sick many times and occassionally has been sent home by her supervisor because she was too sick to work.
She called today and spoke with her second shift supervisor and she was told that it was her responsibility to ask for the FMLA and that the employer did not have to offer the FMLA to her that she should have been aware of it. The letter she wrote herself explaining her illness and her doctor's notes were never sent to the HR department they were held in the head supervisor's office.
The second shift supervisor knew nothing about FMLA when she called today and my niece even being a part-time supervisor knew nothing regarding FMLA or what it was or meant.
The restaurant owner is also fighting her on her unemployment. I am trying to help her get back on her feet. She is a 34 year old single mother with 2 small children and has no money. She has always been a great worker, at times working 2-3 jobs trying to support her family.
I'm sorry to be so long winded, I just feel that her rights have been violated. I am no expert in FMLA, but from what I understand she should have been approached by the HR department to go under FMLA when she made her supervisor aware of her disease and that she would be too sick to work at times, especially while the doctor was trying to get her medication dosage correct. I feel that had she been put under FMLA when she was diagnosed it wouldn't be an issue with her getting fired recently over not having a babysitter, she told the truth and did not try to use her illness as an excuse, and as I stated she has worked her shifts and others employees shifts many times sick too keep from losing her job.
I would appreciate any advice or answers that anyone may offer in order to help her know what she should do.
Thank you in advance for your time reading this and any advice that you may be able to offer.
Becky
I am asking a question on behalf of my niece who is 34 years old and recently fired from a restaurant for not being dependable (which was the reason she was given a week later).
My niece has been a full-time employee for 2 years (the establishment employees 150 people. She has been a part-time supervisor for the last year and a half.
She was diagnosed with Graves disease in January of 09 this year by a specialist. She gave the head supervisor a letter stating that she was sick and could not work for awhile because of the symptoms of her illness (rapid heartbeat, nausea, general feeling of being tired). She was told just to bring a doctor's note when she returned to work, which was about 4 weeks later. She missed a day occassionally since then, but she normally covered her shift. She also worked many doubles and stayed over (she is a waitress) when the restaurant was staffed short or someone else called in. She has worked for this establishment approximately 6 times over the last 20 years. She started when she was 14 with a worker's permit.
I was speaking with her yesterday and she was telling me that she had been fired a few weeks ago, she had called in for that shift because the babysitter could not watch her two younger children, but still gave several hours notice.
The owner's wife was there who is not an employee of the restaurant and told the second shift supervisor to call my niece and tell her that she was fired. The head supervisor was out of town. The second shift supervisor later told my niece that the owner's wife was having a bad day.
The point of all this is that she was never told about the FMLA when her supervisors where made aware of her illness, she was told to bring a doctor's note when she came back. The doctor has written notes for her since the diagnosis of her illness. My niece did not even know what the FMLA was until I explained it to her, she has an eighth grade education and did not understand that she should have been put under FMLA, she was told to come back to work when she felt better and she did and has worked sick many times and occassionally has been sent home by her supervisor because she was too sick to work.
She called today and spoke with her second shift supervisor and she was told that it was her responsibility to ask for the FMLA and that the employer did not have to offer the FMLA to her that she should have been aware of it. The letter she wrote herself explaining her illness and her doctor's notes were never sent to the HR department they were held in the head supervisor's office.
The second shift supervisor knew nothing about FMLA when she called today and my niece even being a part-time supervisor knew nothing regarding FMLA or what it was or meant.
The restaurant owner is also fighting her on her unemployment. I am trying to help her get back on her feet. She is a 34 year old single mother with 2 small children and has no money. She has always been a great worker, at times working 2-3 jobs trying to support her family.
I'm sorry to be so long winded, I just feel that her rights have been violated. I am no expert in FMLA, but from what I understand she should have been approached by the HR department to go under FMLA when she made her supervisor aware of her disease and that she would be too sick to work at times, especially while the doctor was trying to get her medication dosage correct. I feel that had she been put under FMLA when she was diagnosed it wouldn't be an issue with her getting fired recently over not having a babysitter, she told the truth and did not try to use her illness as an excuse, and as I stated she has worked her shifts and others employees shifts many times sick too keep from losing her job.
I would appreciate any advice or answers that anyone may offer in order to help her know what she should do.
Thank you in advance for your time reading this and any advice that you may be able to offer.
Becky
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