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FMLA Harassment

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sreinke

Junior Member
What is the name of your state (only U.S. law)? Minnesota
I have been on FMLA for about 3 months for anxiety and depression. During this time my employer has reminded me regularly how much my absence has negatively affected the team and the progress of the program we are developing. My recent review was somewhat negative due to my absence and my raise was also less than it could have been. I have not missed any FMLA time since the first of the year, however I was down with the flu and pneumonia for three days which i had paid time off available. She reminded me that the flu an pneumonia are not covered under FMLA and that i could be written up for unexcused absences if I didnt have the time off coming, which I did. Through this whole process, my anxiety has increased and I have not felt comfortable using my FMLA benefits. I simply won'y because I need to feed my kids. I just try to avoid her at all costs and do my job. At what point does this constitute harassment?
 


justalayman

Senior Member
you do realize you only get 12 weeks (about 3 months) of FMLA protected time, right? After that, they can fire you if they choose to.

the time off for the flu and whatever would be considered part of that FMLA 12 weeks.

so far, what you have presented here does not sound like harassment. It sounds like you are a needed employee or at least the position you have has value to them and she is telling you that
 

pattytx

Senior Member
Actually, regular run-of-the-mill flu would NOT be considered an FMLA-qualifying medical condition. Pneumonia might be.

Serious Health Condition

"Serious health condition" means an illness, injury, impairment, or physical or mental condition that involves:

any period of incapacity or treatment connected with inpatient care (i.e., an overnight stay) in a hospital, hospice, or residential medical care facility; or
a period of incapacity requiring absence of more than three calendar days from work, school, or other regular daily activities that also involves continuing treatment by (or under the supervision of) a health care provider; or
any period of incapacity due to pregnancy, or for prenatal care; or
any period of incapacity (or treatment therefore) due to a chronic serious health condition (e.g., asthma, diabetes, epilepsy, etc.); or
a period of incapacity that is permanent or long-term due to a condition for which treatment may not be effective (e.g., Alzheimer's, stroke, terminal diseases, etc.); or,
any absences to receive multiple treatments (including any period of recovery therefrom) by, or on referral by, a health care provider for a condition that likely would result in incapacity of more than three consecutive days if left untreated (e.g., chemotherapy, physical therapy, dialysis, etc.).
http://www.dol.gov/whd/regs/compliance/1421.htm#2f
 

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