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FMLA violated?

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elcla

Junior Member
What is the name of your state? Oregon
I had been working for a company (50+ workers) as FT worker. In 5 years I was asking for a leave of absence and I was allowed to use it (we have PT workers on call and they like this).My mother’s health deteriorated in the end of 2003 and on May 18, 2004 Doctors’ Expert Panel, (my parents live outside USA) issued decision for 97% disability and “HELP BY OTHER PERSONS CONSIDERED ESSENTIAL” In 2004 I asked twice for a month of leave to take care for her.In 2005 I had to ask again twice for a leave of one month. In 2005 my father was sent in hospital with serious heart problem. His disability from July 28, 2005 of Doctors’ Panel is 90% .On Aug.30 2005 when I gave my second request for a leave from Oct. 11 to Nov. 10 2005 “to take care for my parents" I also marked to use my accrued PTO. In early September my supervisor told me that my leave is approved like this.2 weeks later I gave her a copy of my father’s document for disability. (I never was asked to give a document) She took the document and asked me if I want my leave to be FMLA. I answered yes.I was thinking that I was using FMLA in these two years. She said that she will check and will let me know, but she never did..I returned back on Nov. 11. A week later I was surprised with a disciplinary action – my first one! In our work we chart and some things can be easy check, but still they were represented wrong.I was called to receive a final notice from Nov.21 According it I was removed from position, my pay to be cut and to have a different schedule to work. On the next day I resigned. The employment with this company is “ at will” plus the company has right not to pay for unused PTO to the employee who doesn’t provide 14 days advance notice. On Dec. 05 I received by mail last paychecks -for the time when I was on the leave and for my last working week. I found that my PTO never was paid during my leave and the cut in my pay was applied from Nov.14 to Nov.19.retroactively. What kind of violations my employer had done to me?
 


Beth3

Senior Member
It's not an employee's option whether to "use" FMLA - it's up to the employer to identify absences/leave time that fall under the parameters of the FMLA and assign the absence time to FMLA leave.

From what you have written, it appears that your FMLA rights were violated in several ways. I suggest you consult with an employment law attorney right away and/or file a complaint with the federal Department of Labor.
 

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