I was granted FMLA in November, and was granted 480 hours of Intermittent Leave. I used a total of 42 hours in the year. Our company goes through a third party to handle FMLA, Unum.
On December 20th, 2018 our company always has had a “Christmas Shutdown” until January 2 and has floating holidays to compensate for any lost wages in that time. Upon returning to work, here are the events in question and I wonder as if I should pursue legal action.
-I was called into the office to be told that I was to be terminated for violating my companies attendance policy. We have a 10 point policy, and I had reached 10 points. When I requested that I see the dates, 4 of those dates were approved FMLA absences and I confirmed this with UNUM. I requested confirmations to these dates and received them, as well as let my employer know that those were incorrect. I told them I think it was illegal to discipline me because time missed due to approved FMLA. It was at this moment when the supervisor was surprised that I mentioned legality in this, and retracted the termination stating that he didn’t know if he should terminate me because he has no clear cut communication on what to do. He got an email to him stating “if the FMLA isn’t approved he is terminated”. That was on Dec 16th.
-On 12/16/18 I was only at 6 points, for the year, minus 4 of the FMLA approved ones. I received the Termination notice and told him I think it was wrong, and he said he would let me know what happened because at that point he didn’t know whether to fire me or not.
-On 1/3/2019, I asked him to confirm with HR because those dates should be removed. I received a text with ONE date removed in order to keep me under 10 points. I was still disciplined for the others that were there. I should have 3 more points removed and they have confirmations of this being approved and applicable to FMLA law.
-I confirmed with him via text that I was still being disciplined for those dates even though they were FMLA approved, and he told me that as of that date the points were accurate.
Other Key Points-
-The top of this paper that I received was labeled “Disciplinary Actions For Attendance”. It also states that my employment is terminated due to this.
-Upon telling him that it was incorrect, although one was removed, the others remain. I feel as if they removed one to make sure I don’t get terminated.
-I’m scared to take anymore FMLA days because if I have been retaliated for using them already, what is to stop them from doing it this time?
Another key point, as of January 1, we no longer use UNUM as a third party and UNUM told me of this only when I called in and I was surprised. They told me my FMLA was closed through them because they technically do not handle it anymore. When I was approved, my designation allowed 480 hours from 11/18/18 to 4/18/19. I no longer know even what to do, what I am entitled to, and what procedure needs to happen to request or get FMLA approved. I don’t even know if I am still entitled to the leave already approved and I was supposed to report to UNUM any absences. As of today, I still haven’t received word of them dropping UNUM and I haven’t received any information on my FMLA claim.
Main Questions:
1. Did they violate 29 CFR 825.220(c) counting my absences towards disciplinary actions?
2. Did they violate 29 CFR 825.220(c) by the act of taking disciplinary action towards me with those approved absences?
3. Did they violate 29 CFR 825.114 by technically terminating me and then reversing that decision when faced with the question if it were legal?
4. Are they in violation of 29 CFR 825.300-301 because they have not informed me of any changes, and I no longer know what my rights are because UNUM is no longer involved?
5. Did they violate 29 CFR 825.208(b)(1)-(b)(2) by not telling me that the time I take will be counted towards my FMLA allotment previously approved by the third party? Does this change because my company internally handles all FMLA now? Why was I not informed of any of these changes?
6. Side note; I have been asked what medications I am on because they cause really bad skin irritation and my job likes “bare skin” shaving. I keep it to a stubble because I cannot take a razor to it. I have a doctors note to approve this and although it was approved, the validity of it was questioned and asked “what medications are you on?”. I told them I think that was illegal, and they told me they can ask me anyways.
— I am an outstanding employee. I have no disciplinary actions against me. I missed 6 days total in 2018 due to needs outside of FMLA. I was promoted to a Lead 4 months ago, but stepped down because I felt by me having to take time off due to my condition. I cited that I shouldn’t be in a position that requires the leader to be there at all times and if I am unable to be there, I find that unfair to my colleagues. It was amicable and I returned to a position on the floor.
Through all this, I feel like I started to get treated as if I was a bad employee and immediately feel like it was due to me having to take FMLA and due to me stepping down from my position. I am constantly treated poorly now and the validity of anything I have happen is now in question. It is very uncomfortable.
Help please, should I pursue a lawsuit because of these things? I already no longer feel comfortable taking FMLA because I was punished for those times previously and now it’s just a matter of time before they find some reason to try to remove me. It feels so wrong. I am looking for a new job, but I make ~70,000 without a college degree and it’s hard to find something new. I just want some advice on this and what I need to do.
Thank you in advance!
On December 20th, 2018 our company always has had a “Christmas Shutdown” until January 2 and has floating holidays to compensate for any lost wages in that time. Upon returning to work, here are the events in question and I wonder as if I should pursue legal action.
-I was called into the office to be told that I was to be terminated for violating my companies attendance policy. We have a 10 point policy, and I had reached 10 points. When I requested that I see the dates, 4 of those dates were approved FMLA absences and I confirmed this with UNUM. I requested confirmations to these dates and received them, as well as let my employer know that those were incorrect. I told them I think it was illegal to discipline me because time missed due to approved FMLA. It was at this moment when the supervisor was surprised that I mentioned legality in this, and retracted the termination stating that he didn’t know if he should terminate me because he has no clear cut communication on what to do. He got an email to him stating “if the FMLA isn’t approved he is terminated”. That was on Dec 16th.
-On 12/16/18 I was only at 6 points, for the year, minus 4 of the FMLA approved ones. I received the Termination notice and told him I think it was wrong, and he said he would let me know what happened because at that point he didn’t know whether to fire me or not.
-On 1/3/2019, I asked him to confirm with HR because those dates should be removed. I received a text with ONE date removed in order to keep me under 10 points. I was still disciplined for the others that were there. I should have 3 more points removed and they have confirmations of this being approved and applicable to FMLA law.
-I confirmed with him via text that I was still being disciplined for those dates even though they were FMLA approved, and he told me that as of that date the points were accurate.
Other Key Points-
-The top of this paper that I received was labeled “Disciplinary Actions For Attendance”. It also states that my employment is terminated due to this.
-Upon telling him that it was incorrect, although one was removed, the others remain. I feel as if they removed one to make sure I don’t get terminated.
-I’m scared to take anymore FMLA days because if I have been retaliated for using them already, what is to stop them from doing it this time?
Another key point, as of January 1, we no longer use UNUM as a third party and UNUM told me of this only when I called in and I was surprised. They told me my FMLA was closed through them because they technically do not handle it anymore. When I was approved, my designation allowed 480 hours from 11/18/18 to 4/18/19. I no longer know even what to do, what I am entitled to, and what procedure needs to happen to request or get FMLA approved. I don’t even know if I am still entitled to the leave already approved and I was supposed to report to UNUM any absences. As of today, I still haven’t received word of them dropping UNUM and I haven’t received any information on my FMLA claim.
Main Questions:
1. Did they violate 29 CFR 825.220(c) counting my absences towards disciplinary actions?
2. Did they violate 29 CFR 825.220(c) by the act of taking disciplinary action towards me with those approved absences?
3. Did they violate 29 CFR 825.114 by technically terminating me and then reversing that decision when faced with the question if it were legal?
4. Are they in violation of 29 CFR 825.300-301 because they have not informed me of any changes, and I no longer know what my rights are because UNUM is no longer involved?
5. Did they violate 29 CFR 825.208(b)(1)-(b)(2) by not telling me that the time I take will be counted towards my FMLA allotment previously approved by the third party? Does this change because my company internally handles all FMLA now? Why was I not informed of any of these changes?
6. Side note; I have been asked what medications I am on because they cause really bad skin irritation and my job likes “bare skin” shaving. I keep it to a stubble because I cannot take a razor to it. I have a doctors note to approve this and although it was approved, the validity of it was questioned and asked “what medications are you on?”. I told them I think that was illegal, and they told me they can ask me anyways.
— I am an outstanding employee. I have no disciplinary actions against me. I missed 6 days total in 2018 due to needs outside of FMLA. I was promoted to a Lead 4 months ago, but stepped down because I felt by me having to take time off due to my condition. I cited that I shouldn’t be in a position that requires the leader to be there at all times and if I am unable to be there, I find that unfair to my colleagues. It was amicable and I returned to a position on the floor.
Through all this, I feel like I started to get treated as if I was a bad employee and immediately feel like it was due to me having to take FMLA and due to me stepping down from my position. I am constantly treated poorly now and the validity of anything I have happen is now in question. It is very uncomfortable.
Help please, should I pursue a lawsuit because of these things? I already no longer feel comfortable taking FMLA because I was punished for those times previously and now it’s just a matter of time before they find some reason to try to remove me. It feels so wrong. I am looking for a new job, but I make ~70,000 without a college degree and it’s hard to find something new. I just want some advice on this and what I need to do.
Thank you in advance!
