Family Medical Leave Discrimination

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What is the name of your state? Ohio

I need advice on the Family Medical Leave Act. I am on it in for a year on an as needed basis for my father and mother. On the days I am off is a substitute supposed to be gotten for me? I am very far behind with my work at this point after two family deaths and caring for an elderly mother and father. My administrator is holding that being off has made me behind and is trying to fire me due to being unable to catch/keep up with the work load. She has made some changes which has made my job harder to keep up with as it is. Is the employer allowoed to use getting behind by being off on Family Medical Leave some days against me? I need some real advice soon! Thanks

 

[cbg]

1.) Nothing in the law requires them to provide a substitute.
2.) Death in the family is NOT a qualifying reason for FMLA.
3.) While you cannot be fired because you took FMLA, the fact that you are on intermittant FMLA does not protect you from being fired for other legitimate business reasons.

 

[Sinsaint26]

As far as getting you help to finish your work they are not required to. A recent court case (Schultz v. Advocate Health) sided with the employee when his employer not only disciplined him for not getting his required work done but also added new duties which they knew he could not accomplish. In the end he was terminated for work performance. But that isn't the end. He took them to court and won $11.65 million ($1 million of that was against two supervisors). Attorney's fees will be added to that in the near future. This would lead me to believe that an employer cannot at the very least add new duties and then discipline you because you cannot meet the newly set goals.

 

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Thank you both for your advice. Where do you find the information on the case won you mentioned and other FML discrimination cases won or lost? Do ou know? Also, where do you find exact information on them being allowed to hold being behind against you when on intermittent FML?

 

[Sinsaint26]

There is no exact law stating that. The law simply states that the time off cannot be held against you. The logistics of it are far to complicated to explain here. You can do a google search using Schultz v. Advocate Health or paste this in your browser http://caselaw.lp.findlaw.com/scripts/casesearch.pl?court=US&CiRestriction=pregnancy+discrimination+and+misconduct . Type FMLA, retaliation, etc. in the search box and use all district courts.

 

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I appreciate all the replies and help. How do you know so much about case regarding FmLA? Are you an attorney or what?

 

[Sinsaint26]

cbg is an HR professional and I am an ex-employee in the middle of a lawsuit because I was terminated in retaliation for filing a complaint with the DOL because my ex-employer violated my rights to FMLA.

 

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Sounds like I have two very good advisors and thank you both. I saw an attorney and he said they are not allowed to go after you due to you being behind. I need to find that somewhere or some way to fight it on that main point for one thing. I have a IMac and don't know how to paste or get to the site you mentioned. Is there a website I just just go to and find these cases? Good luck with your suit and reply if you can. Thank you.

 

[cbg]

You might be able to find the cases at a site called Findlaw.com.

You also should probably look at the statute itself; it might offer you some additional help. You can find it on the DOL website: www.dol.gov