Need Some Advice

[codasdad]

What is the name of your state? Ohio. I have narcolepsy. Have worked for the State of Ohio for 20 years & had FMLA papers from doctor & approved by State for same amount of time. I have a very hard time waking in the mornings due to the medication I take to make me sleep at night, thus I am late for work several times a month. These times have been approved as FMLA leave by all supervisors at my place of employment. Recently, management sent a fact-finder to me about a patterned absence/abuse indicating evidence for before and/or after weekends or regular days off and before and/or after approved vacation/personal days off. There are 6 days in question. 5 are Fridays, 1 is a Monday. I am late on Tuesday, Wednesday and Thursday as well sometimes. For the period of 8-6-07 thru 10-12-07, I used 11 hours of FMLA. They are only disputing 4 hours of that time due to the fact that they were Friday or Monday mornings. Now the ops director has scheduled a hearing for me tomorrow. Union rep said No way they can discipline under FMLA. Is this correct? And should I do something more about this if it is against FMLA law?

 

[moburkes]

We don't know anything about your union contract, however, I'd be hard-pressed to say that the union folks are wrong.

It appears that they are trying to figure out, though, if you are using FMLA as a "cover" for extended weekends (late Mondays). I don't know about the Fridays.

 

[pattytx]

I agree with moburkes that the pattern does raise some red flags.

 

[Beth3]

What is the name of your state? Ohio. I have narcolepsy. Have worked for the State of Ohio for 20 years & had FMLA papers from doctor & approved by State for same amount of time. I have a very hard time waking in the mornings due to the medication I take to make me sleep at night, thus I am late for work several times a month. These times have been approved as FMLA leave by all supervisors at my place of employment. Recently, management sent a fact-finder to me about a patterned absence/abuse indicating evidence for before and/or after weekends or regular days off and before and/or after approved vacation/personal days off. There are 6 days in question. 5 are Fridays, 1 is a Monday. I am late on Tuesday, Wednesday and Thursday as well sometimes. For the period of 8-6-07 thru 10-12-07, I used 11 hours of FMLA. They are only disputing 4 hours of that time due to the fact that they were Friday or Monday mornings. Now the ops director has scheduled a hearing for me tomorrow. Union rep said No way they can discipline under FMLA. Is this correct? And should I do something more about this if it is against FMLA law?

If the employer suspects FMLA abuse due to a pattern of absences, the employer can look into the matter, ask the employee about the situation, and insist that the employee provide additional information from their doctor regarding the absences. Your employer has not done anything in violation of the FMLA thus far.

 

[codasdad]

Right and the times I clocked in were 8:18, 8:26, 8:24. I wasn't hours late on these days and there were other days that I didn't get there until after 10. There were also 6 mondays that I was on time. And I'm the only person under FMLA that was given one of these. FMLA abuse hasn't been mentioned. I have twice the number of days that I'm on time that I am late. Probably 3x. Will just have to see what happens with this. Thanks

 

[You Are Guilty]

Find a copy of the old Dilbert comic where the pointy haired boss gets upset after learning that 40% of all sick days are taken on Mondays and Fridays. Submit that as your evidence