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Employer violated FMLA?

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onebear

Junior Member
What is the name of your state (only U.S. law)? Colorado

On March 16 my Doctor diagnosed me with a tumor on my uterus and extreme high blood pressure (180/120). More tests were required, but I was told surgery was needed. On March 17th, I told the HR Manager about both issues, letting her know I would be missing work for appointments and soon surgery. I asked her what paperwork I needed to fill out. She told me none were needed now and to wait for a surgery date and to not do FMLA at that time. I had complications from medications, missed some work and went back to her the first week in April requesting to go on FMLA to cover absences and had a surgery date of April 29th with 6 week leave required. She advised me not to do FMLA again. She said it was not needed, this was a good company and they would not discipline me. (now she says, well what did I know I am not your supervisor) I insisted. My doctor dated the FMLA paperwork as of March 16th. Employer made it effective April 15th. Today, April 27th I received a written warning for April absences I thought were covered under FMLA. (all were related to above issues) I met with HR and Director and eventually got them to tear up write up and back date FMLA to March 16th, but they still claim they did nothing wrong. Did they? and what is the rule about back dating to the date of illness onset? Two of the absences were after the fmla approval on April 15th
 


swalsh411

Senior Member
Maybe, but it doesn't matter. The warning will not go in your record. You would only have some action against them if they fired you while you were covered by FMLA. The law does not concern itself with warnings.
 

pattytx

Senior Member
However, if you are marked down on a performance review or experience other disadvantages solely because of the invalid warnings, THEN you might have a cause to report the employer. Not yet, though.
 

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