FMLA harassment

[tdferg]

What is the name of your state? Texas.
I was diagnosed with cancer in December of 2003. My husband has had to take time off from work to drive me to and from Houston for tests, surgery, etc. FMLA paperwork was filled out as soon as possible, the last update in mid-January. We are now being advised by his employer that we will have to update our paperwork every 30 days. They said we have six days to complete the paperwork. Since all of my doctors are in Houston, this is next to impossible. He has already been written up at work for missing because of some of my doctors appointments. They are constantly harassing him about this. Is there anything that we can do?

 

[Beth3]

The FMLA does allow an employer to request recertification every 30 days. However, the FMLA also provides that an employee has 15 days to provide re-certification documentation to the employer - more if 15 days is not practicable. They CANNOT require that he return the recert paperwork in 6 days.

If your husband's employer is violating the FMLA (which includes disciplining him for any absences that should have been attributed to FML) and/or retalliating against him for taking FMLA leave, he is free to contact the federal Department of Labor and file a complaint. 202-693-4650

 

[tdferg]

fmla harassment

thank you, beth3. In order to file a complaint with the Department of labor, do we need to hire an attorney? As you can imagine, I have been unable to work since December and funds are tight.

 

[Beth3]

No, an individual does not need to hire an attorney to make a complaint to any government agency. Your husband may contact the DOL directly by calling the phone number I've listed. The DOL will investigate and make a determination as to whether the employer violated the FMLA.

At some point after he files a complaint, a DOL investigator will contact his employer as part of the investigation. Naturally, an employer has the right to provide their "side of the story." If your husband experiences any retalliation from his employer after that contact occurs, he should immediately contact the DOL again.