Retaliation/ FMLA or other?

[jh1982]

What is the name of your state (only U.S. law)? Florida

I'm a contractor for a certain IT staffing company here in the Tampa, FL area and for this recent project they brought me in on was 1/06/14 but I've worked for them on other projects for about 2 years. I ended up calling work on 12/1/14 to let them know I'd be running late as I was having chest pains while driving to work which takes 1hour 20min to get there. The next day the pains were worse so I called in sick and went to see my PCP right away without an appointment and he saw me immediately. I'm now being treated for major depression, mental ailments (ADD and manic) and alcohol addiction. I went to inpatient therapy on 12/3/14 and I've provided all doctor notes that my employer has requested. I'm still waiting for short-term disability to be approved and at the time my employer stated I wasn't eligible for FMLA because I have to work for them for 12 straight months without more than a 1 week gap in between projects. Even after 1/06/15 they had stated I'm not eligible for FMLA even though it has been over 12 straight months of work (40hrs a week, more than 1,300hrs within the past 12 months and they have more than 75 employees within a certain mile radius). The company I had contracted with had then dropped my contract with the staffing company I'm working for on 1/16/15. I was told I wouldn't be eligible for FMLA until 1/20/15 and they have been asking me for insurance payments and they even removed my wife from our insurance when they switched my plans for 2015 without consulting with me so now my wife can't get her ear checked and other tests. My hire date was 1/06/14 (or could even be 4/2013) which is posted on their employee website which I told them and they finally agreed on my hire date of 1/6/14 but it was too late as the company they had me contracted with had already released my contract, but it was AFTER the 6th. My employer did not tell me about FMLA nor did I see any posters or papers with FMLA rights listed. My wife does not have a job because she just graduated from College and is seeking employment now, so without short-term disability my financial situation is affecting everything, including my health and my focus on getting better. What should I do? I'm afraid to ask my employer any questions because they're not the nicest people and I'm also afraid if I ask them anything they will push harder to get rid of me for good.

PS – I have screenshots and print outs of their website showing my hire date, as well as their website showing my wife is listed on the insurance but on the United Healthcare she's no longer listed as well as e-mails to and from my employer.

Thanks,
Jim

 

[cbg]

Who is your actual employer right now? Who provides your paychecks, the client company or the staffing agency? For which one is your hire date 1/6/14?

 

[jh1982]

Who is your actual employer right now? Who provides your paychecks, the client company or the staffing agency? For which one is your hire date 1/6/14?

The staffing agency pays me, hire date is 1.6.2014

 

[cbg]

Then they, not the client company, are responsible for providing you with FMLA.

In December when you first applied, you were not eligible. (Eligibility is set by Federal law, not by the employer.) They are mistaken that the 12 months employment has to be consecutive, but if your hire date was 1/6/14 then in December you had not met 12 months anyway.

Do you understand that FMLA and short term disability benefits are two separate things that are not dependent on one another? You can be eligible for one without being eligible for the other. Did you inquire about STD benefits or only FMLA?

 

[jh1982]

Then they, not the client company, are responsible for providing you with FMLA.

In December when you first applied, you were not eligible. (Eligibility is set by Federal law, not by the employer.) They are mistaken that the 12 months employment has to be consecutive, but if your hire date was 1/6/14 then in December you had not met 12 months anyway.

Do you understand that FMLA and short term disability benefits are two separate things that are not dependent on one another? You can be eligible for one without being eligible for the other. Did you inquire about STD benefits or only FMLA?

Well my first hire date with this contract company was almost 2 years ago but I started on this recent project 1 year ago on 1/6/14 and I read that if you're on a medical leave and during leave you become eligible then the FMLA becomes active even while you're on leave. I know std is different and separate from fmla. I filled out the fmla form waiting to hear back from them and my std is supposed to be starting in about 5 days if I'm approved.

 

[cbg]

What was the reason the client company cancelled your contract? Was it because the job was over, because of the absences, what?

 

[jh1982]

What was the reason the client company cancelled your contract? Was it because the job was over, because of the absences, what?

Because I was on leave and the dr said I couldn't return yet.

 

[cbg]

Are you medically able to return to work now?

 

[jh1982]

Are you medically able to return to work now?

In a couple weeks I will be, and my dr also told them I can work part time right now but only from home if the option was available.

 

[cbg]

Right now, you do not have a legal issue. You may in future, but you don't now. It's going to depend on what happens when you are able to return to FULL duty.

If they put you back to work, you have no legal issue. If they don't, come back here with details because they're going to matter.

 

[jh1982]

Right now, you do not have a legal issue. You may in future, but you don't now. It's going to depend on what happens when you are able to return to FULL duty.

If they put you back to work, you have no legal issue. If they don't, come back here with details because they're going to matter.

After double checking my paper work I noticed that the return to work dates are PART TIME: 2-3 weeks and FULL TIME: 7-8 weeks but also if the option was available to work from home then I'd be able to return to work immediately. I'd say the date for return to work FULL TIME will be approximately Feb 2nd. But they have not hired me for any type of new position or equivalent contract project and it normally takes 1 to 2 weeks to do the interview, paperwork and background processes.

 

[cbg]

If you were working full time before, they are allowed to wait until you are medically cleared to work full time again before taking any actions to return you to work. The FMLA statute provides for you to be returned to the same job you had or one that is equivalent in all respects; it doesn't say they have to let you ease back into it. This is not the ADA: accommodations are not required. Let's wait and see how long you are actually out and what they do when you're able to go back to work full time. That's when you'll know if you have a claim or not.