fmla

[Abbey24]

What is the name of your state? Pa

i was on on intermitent fmla for about a month. my boss started making comments about me missing work and that he was keeping ab eye on me. a few weeks later i went out completly. my doc put that i could return in 10 weeks. now hr called me yesterday and told me that i need to call in once a week to update them on my treatment. i asked her why when my doc said i would be out for at least 10 weeks and that if it changed i would call cuz my doc said i might need to be out longer. hr called back and listed all the days i missed and said i was close to using all my fmla and they will fire me and if i do come back in time when i return they will monitor my attendence. i called a friend i work with and she said she missed 8 days in last 2 months and not wrote up. i called hr back and said i knew other employees missed enough days to get wrote up and they did not. hr said this was about me and not an other employees. i think they are mad at me cuz i am out. i know another guy who works there threatened to kill a woman he worked with and he was out for 7 months. he took vacation to florida and came back. he was not a rehire. he came back with all pto, vacation, insurance and 401k. i know cuz he showed me his stub. why will they fire me and keep him? not fair. i know alot of people not on fmla miss work enough work to get wrote up and they don't so why are they going to watch me?

 

[Beth3]

The FMLA only entitles you to 12 weeks of leave time (including the intermittent leave time you took) in any 12 month period. So yes, they can terminate your employment if you are unable to return to work within that time frame. However they cannot treat you less generously than other employees because you took FMLA or retalliate against you for taking FMLA.

It's possible there are facts about the other situations you refer to that you don't know about and make the company's position valid. Not knowing what those are however, it's impossible to say whether the company is acting within the requirements of the law or not. If you feel you are being retalliated against for taking FMLA, then your recourse is to file a complaint with the federal Department of Labor.

 

[Abbey24]

i don't understand. i work here longer than he has and he said he was gonna kill someone. i won't say exactly but he said he was gonna cut her from vagina to her breasts and laugh when her guts came out if she did not shut the F#@% up. people don't want to work with him. other people i work with say flma is death row and evryone who takes it is gone unless they like you. i know lots who took fmla and got fired. most of time they accuse you of doing something wrong and fire you. you can't fight it cuz they don't care. what would make that guy so much better than me that they would keep him and not me? and do i have to call them evry week to tell them what is going on? alot of my problem is them and i don't want to talk to them. please help.

 

[Beth3]

I can't imagine why an employer wouldn't fire an employee who made a threat like that. Most employers have a zero tolerance policy regarding violence and threats of violence in the workplace these days. As before though, I don't know the particulars of those who have been fired and those who haven't. It will take a full examination of the particulars of each situation to determine whether anything unlawful has occurred.

My advice remains the same - if you feel you have been retalliated against for taking FMLA, then file a complaint with the DOL.