• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

FMLA Interference/Harrassment???

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Finnhitchens

Junior Member
What is the name of your state? TN

Curious as to what constitutes interference ?
Can it occur prior to leave being granted ?

I recently requested FMLA leave to care for my sick child. My General Manager took the forms then said that he would wait to file them with HR until the forms from my childs doctor arrived via fax.

Before the forms arrived from the doctors office, my GM called me into my supervisors office to ask me if there were any other options besides me taking FMLA...was there a sitter or someplace I could drop my child off instead of taking leave. I told him that there was not.

Later that day, a meeting was held, without me, to discuss how the duties of my desk would be handled while I was on leave. I had not been told that my leave had been approved or denied. In fact the paperwork from the doctor had still not arrived. I won't go into the full details here, but this meeting was designed to humiliate me and in fact embarassed me in front of a supplier.

This office will be closing soon and having no real incentive to stay in the face of this treatment I resigned my post. Before I left for the day I was told that a temp had been hired to help during my absence. Was the above treatment harassment ? If not then what ?

Can an employer sumbit an employee to the type of behavior I was subject to because of a request for FMLA leave ?What is the name of your state?
 


Beth3

Senior Member
It was neither harassment nor intereference with your FMLA rights.

(1) Until such time as your child's doctor returned the certification paperwork, there was no FMLA application to approve or deny. (2) Having a planning meeting to discuss how your job duties would be handled in your absence in anticipation of your taking FMLA is perfectly legitimate - and quite commonplace. Same goes for hiring a temporary employee to replace you while you were on leave.

I really can't imagine why you got into such a snit that you resigned but that was your choice. It appears that your employer was completely prepared to approve your FMLA request once the doctor's paperwork arrived.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top