Took a FMLA then fired same day for being gone

[vind21]

What is the name of your state? Texas

I work for the state in TX, I have a medical issue, my employer was well aware of this problem and that I would be needing to take off work for it, I had not missed excessive work before hand and on tuesday I called into my work to say I would be absent so I could get into a MAP program for insurance so i could get the treatment i needed later that day. I was told this was ok and later that day my boss called and fired me and specifiacly referanced my termination due to being absent saying I had no desire to come into work, would this not be wrongful termination? I have records of my punch times to support my absences.

 

[cbg]

You're getting a bit ahead of yourself. Let's get some details first.

Did you formally apply for FMLA? Including having your doctor complete the forms and returning them to HR or your manager?

 

[vind21]

Yes, the leave was taken down in writing and aproved and signed for. I never returned the final doctors papers to my HR because I was fired before I got done with the apointment =P

 

[TamaraL]

You cannot take an FMLA day unless your HR dept. has the proper paperwork in hand and your manager has been notified. I'm not exactly sure if your manager/supervisor receives anything concrete, perhaps HR just gives them a phone call.

 

[cbg]

Okay, then let's get a few more details. Sorry, but I want to be sure we're all on the same page before going any further.

1.) How long have you worked for this employer?
2.) Do they have at least 50 employees within 75 miles of your location?
3.) Did you work a minimum of 1,250 hours in the past 12 months?
4.) How much time have you missed for this and any other condition in the past 12 months? I know you said it was not excessive but your definition of excessive and your employer's might not coincide.
5.) Finally, I'm trying to pin you down on this. You specifically applied for FMLA and/or medical leave, by name? Not just unspecified time off? And your employer knows the nature of your condition? (This is vital to whether you have a potential case or not.)

 

[vind21]

1. 5 months
2. Not anymore, I found out over the last 3 days that 19 people were fired for "Missing work" or "Not wanting to be there"
3. No
4. 4 Full work Days all were FMLA signed with paper work
5. Yes this is the entire reason I acctualy made this post, I read the other posts to see if I had any real chance of getitng anything done about this. The form I fill out is an offical medical leave form, I work in a call center, my employer was well aware of my condition and had even made some minor acomidations (letting me stand up for 5-10min every hour sitting causes the condition). For the form to be vaild it has to be signed and aproved by both HR and the supervisior on duty that day. Then a doctors note or some written form of proff u went to were u went to has to be returned (just like when u were in jr high) The paper even says real big in black bold font on the top FMLA form 23b: Medical Leave.

I also just learned that our local news channel is interested in running this case. basicaly what happend was our main boss left for 2 weeks, and during that time alot of people took off work. SO basicaly when she got back she fired everyone who missed a single day of work reguardless of the reason. Since then the 5 remaing employee's have quit due to work overload.

 

[cbg]

Okay, here's where your problem is.

Because you had only worked for the employer of 5 months and had not worked 1,250 hours in the last 12 months, you were not eligible for FMLA. The number of employees may or may not be moot if they only lacked the 50 employees because of recent firings, but since you did not meet the qualifications it doesn't really matter whether the employer did or not. That being the case, regardless of what paperwork was or was not signed, it was legal to term you even if the leave had been approved. FMLA is not available to employees who have worked less than 1,250 hours in the last 12 months AND have not worked a minimum of 12 months for the employer. An employer cannot legally provide you with FMLA even if they want to, if you do not meet the minimum qualifications, and you do not. While they CAN, if they so choose, allow you to take medical or personal leave under their own policies, they cannot offer FMLA if you don't qualify.

I'm not saying that what the employer did was appropriate or that I agree with the practice of firing someone for taking leave that has been approved. But it was legal, nonetheless. Since you did not qualify for FMLA, they had no legal obligation to offer you any leave at all.