HR going overboard?

[grizli]

What is the name of your state (only U.S. law)? OH
I hope I'm in the correct section.
My wife has a medical radioactive treatment scheduled on a day when someone else took a vacation day (they are allowed one person at a time I guess to be out) and her HR says she can't leave and won't be excused.

My wife's DR says it is necessary to administer treatment as soon as possible. Re-scheduling may take over a month, if not two.

Apparently, her HR doesn't care about medical needs of their employees. Now, my wife told them week in advance of the procedure, to try to work something out, instead of just calling in sick on the day of treatment and pretending to call day off. Now she gets rude responses back - we don't care what you want/need.

I'm not trying in way to get into legal fights with her employer, but I do not want my wife to have a bad record with an employer either, she never been late or done anything wrong - I don't want that to change.

Should we file a complaint against her HR with some State Organization? Or what should we do? If so, what organization can help?
What is the best approach here?

Sorry if in the wrong section, but I figured people here would know proper state/federal/regulation organizations that can help.
Thanks everyone!

 

[mlane58]

What is the name of your state (only U.S. law)? OH
I hope I'm in the correct section.
My wife has a medical radioactive treatment scheduled on a day when someone else took a vacation day (they are allowed one person at a time I guess to be out) and her HR says she can't leave and won't be excused.

My wife's DR says it is necessary to administer treatment as soon as possible. Re-scheduling may take over a month, if not two.

Apparently, her HR doesn't care about medical needs of their employees. Now, my wife told them week in advance of the procedure, to try to work something out, instead of just calling in sick on the day of treatment and pretending to call day off. Now she gets rude responses back - we don't care what you want/need.

I'm not trying in way to get into legal fights with her employer, but I do not want my wife to have a bad record with an employer either, she never been late or done anything wrong - I don't want that to change.

Should we file a complaint against her HR with some State Organization? Or what should we do? If so, what organization can help?
What is the best approach here?

Sorry if in the wrong section, but I figured people here would know proper state/federal/regulation organizations that can help.
Thanks everyone!

FMLA might apply so answer the following questions.
1. How many employees in a 75 mile radius?
2. How long has she worked for this employer?
3. Has she worked at least 1,250 hours in the last year?

 

[ecmst12]

Also, since this appears to be an ongoing issue, how much time from work has she missed, total, over the past 12 months for this and any other medical reason.

 

[grizli]

Thank you for the replies!

1. Roughly around 100 employees.
2. Here is where it's tricky. Her company was bought out by another larger institution on Sept. 1st of 2008. So previous probably doesn't help?
3. Since they were purchased by another company, no. Only 750 hours or so.
4. 6 hours off so far this year for medical time off.

 

[mlane58]

Thank you for the replies!

1. Roughly around 100 employees.
2. Here is where it's tricky. Her company was bought out by another larger institution on Sept. 1st of 2008. So previous probably doesn't help?
3. Since they were purchased by another company, no. Only 750 hours or so.
4. 6 hours off so far this year for medical time off.

It doesn't matter that the previous company was bought out, it becomes a successor company under FMLA and the new company has to abide by the act. So if you wife meets the requirements as I stated above she needs to request FMLA.

 

[las365]

6 hours off so far this year for medical time off.

Not in this calendar year, in the past twelve months.

Has she ever asked the employer about using the Family Medical Leave Act to cover her medically necessary time off? I'm not sure whether she is required to specifically ask for it, others here know better than I.

 

[cbg]

On the one hand, the employee does not have to ask for it; the employer is obligated to at least conditionally assign FMLA if there is reason to think it might apply.

However, the employer does have to have sufficient information to determine if FMLA might apply.

 

[ecmst12]

"I need a day off for a radiation treatment" seems to be sufficient information, if you ask me!

 

[cbg]

Not saying it wasn't; I was explaining to las how it works.