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Job Discrimination and Harassment : Includes discrimination in employment on the basis of race, color, creed, national origin, gender, disability, etc.
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  #1  
Old 08-31-2004, 08:39 PM
Jacob1972
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Exclamation

Terminated while on FMLA


I live in maryland and had interninated FMLA granted by my employer, and used the first 6 days og the 12 weks in december, them on march 22 I called into work and stated that I will be taking atleast 2 weeks of my FMLA to care for my wife who suffers from a dibilatating knee injury.

and while I was on it the store terminated me for no call no show the 22,23, and 24 of march.

ten weeks later I filed for unemployment and the company apealed it, a week after it was apealed I went to a hearing and all they had was the times I missed and the FMLA papers, I then offered a letter that was sent to the store stating the time of leave needed, the unemployment office was in my favor so I got my unemployment insurance.

now I have that out I want to know is termination that the company did a violation and if so what lawyers in maryland handel cases like this.
  #2  
Old 09-01-2004, 07:28 AM
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I live in maryland and had interninated FMLA granted by my employer, and used the first 6 days og the 12 weks in december, them on march 22 I called into work and stated that I will be taking atleast 2 weeks of my FMLA to care for my wife who suffers from a dibilatating knee injury. Huh????

You were approved for intermittent FMLA? If so, for who - because of a health condition YOU have or because of your wife's health problem?
  #3  
Old 09-01-2004, 07:55 AM
cbg cbg is offline
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Where did you get the idea that all you had to do was call up and say you were taking FMLA time?

If you were approved intermittant FMLA for one condition, that is the ONLY condition for which you were approved. If you wanted to take FMLA to care for your wife, unless that was the condition for which the intermittant FMLA was approved, you needed to have that approved as well. Separately.
  #4  
Old 09-01-2004, 10:10 AM
d8ddysgirl
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Did you supply medical documentation for this FMLA time? Most employers require this and it to be approved by the employer before taking the time. If you just called up, then I can see the chain of events happening.


Gosh anyone could call up and say that they were taking FMLA time.
  #5  
Old 09-01-2004, 10:19 AM
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Most employers require this and it to be approved by the employer before taking the time. FYI, the FMLA requires that the employer allow the employee up to 15 days to have the certification paperwork completed and returned.

As far as I can make out, Jacob had intermittent FMLA certified/approved for his own medical condition, whatever that is. He can't just then call up and announce he's "taking" FMLA for his wife. As far as I can tell, he basically left a message for his boss stating he was taking two weeks off, never discussed it with them, and never had the time approved.
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