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I need FMLA help

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emaynard

Junior Member
What is the name of your state? Ohio
My husband took me to my doctors appointments when I was pregnant with our son and I was on bedrest so he missed a few days of work. His work is trying to say it wasn't covered under FMLA even though we faxed papers to his human resources dept. from the doctors. Now they have wrote him up on a manager level and threatened to fire him if he did not sign the write ups. He wrote he did not agree on the write ups. I was wondering if there is anything we can do.
 


cbg

I'm a Northern Girl
Why are they saying it was not covered under FMLA? What is their basis for the denial?
 

emaynard

Junior Member
They are trying to say that the specific days he missed were not covered because he did not fill out paperwork on those days. I thought if you filled out the original paperwork you were covered. Also, the lady in his human resources dept. said they were covered at the time, but now she is saying she didn't say that.
 

cbg

I'm a Northern Girl
Okay, so now we get to another question. If he was taking time off that was definitely not going to be FMLA, would there be paperwork he had to fill out?

Also, just so that we're clear and there's no possibility of error:

1.) How long has he worked for this employer?
2.) How many employees does the employer have at his location?
3.) In the last 12 months, has he worked a minimum of 1,250 hours?
 

emaynard

Junior Member
He has worked for this company 5 years and 8 months. There is alot of employees at his place of work. I don't know exactly how many, but I would say over 500. Yes he has worked more than 1250 hrs. in the past year, he works 40 hours a week and lots of overtime. If he was going to take off for vacation or for a personal day he would have to fill out a paper for those days. Last night when he came home he said that they made him sign a paper that says he cannot miss anymore days or if he has any sort of an incident they can fire him. He signed, but, he wrote at the bottom in the comments section that he did not agree with it and he explained the FMLA situation and me being on bedrest. The H/r guy got very upset and said that "we are all adults here and there was specific paperwork per day that he was off that he should of filled out". Its not my husbands job to know about FMLA, he is a forklift operator and I feel that his H/R dept. dropped the ball.
He asked them why they didn't bring this up in July when it was all happening so he could get the correct paperwork to them. But they got mad at him and said it was his fault not theirs. I disagree, what do you think?
 

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