hayley"s mom
Junior Member
What is the name of your state?Ohio
Although I know the basics of FMLA is there anyone out there who can tell me
if my situation would be in violation of my FMLA rights? I was granted FMLA in Sept.04 and it was to run to Sept.05 I was under the sliding window, as I was caringfor my disabled father (82) during the day and also on an as needed basis, and working 3rd shift. I was off on a tues., and wed., night and my mother had been called out of town on another family emergency, I had picked up an extra shift ontues., night before I was aware that I would have to stay with my father (mother and I were primary care-givers) I called in FMLA on tues., evening and everything was fine I was off wed. but my mother called at 11:30 on wed. night and said she would not be coming back until Fri. afternoon, so at 12:30am I called my job to inform them that I would have to use an FMLA day for Thurs. night (I'm a stna) and the charge nurse said that I was on the schedule tonight and asked if I was aware of it,
Which I was not and I told her that even if I wanted to come in I couldn't because I was taking care of my father and he cannot be left alone so I would have to useFMLA for this night also, as far as I knew everything was fine. But on Thur. afternoon the Director of nursing called and said I was not to come to work until I met with her or the administrator and I asked her what the problem was and she would not discuss it over the phone and I told her I had used an FMLA for Thurs. night so she said to call her Fri. when we could meet, I called her when my mother returned and she said she couldn't meet with me until Mon. morning. When I went to my meeting they terminated me stating that since I called after my shift started and was scheduled to work on wed. that I was considered a no call/ no show. But on 3 occasions before I had FMLA in effect and my father had emergency surgerys I called in after shift and only got abscences. I filed a grievience with the DOL and just want some input as to what you think my chances of winning are.
Although I know the basics of FMLA is there anyone out there who can tell me
if my situation would be in violation of my FMLA rights? I was granted FMLA in Sept.04 and it was to run to Sept.05 I was under the sliding window, as I was caringfor my disabled father (82) during the day and also on an as needed basis, and working 3rd shift. I was off on a tues., and wed., night and my mother had been called out of town on another family emergency, I had picked up an extra shift ontues., night before I was aware that I would have to stay with my father (mother and I were primary care-givers) I called in FMLA on tues., evening and everything was fine I was off wed. but my mother called at 11:30 on wed. night and said she would not be coming back until Fri. afternoon, so at 12:30am I called my job to inform them that I would have to use an FMLA day for Thurs. night (I'm a stna) and the charge nurse said that I was on the schedule tonight and asked if I was aware of it,
Which I was not and I told her that even if I wanted to come in I couldn't because I was taking care of my father and he cannot be left alone so I would have to useFMLA for this night also, as far as I knew everything was fine. But on Thur. afternoon the Director of nursing called and said I was not to come to work until I met with her or the administrator and I asked her what the problem was and she would not discuss it over the phone and I told her I had used an FMLA for Thurs. night so she said to call her Fri. when we could meet, I called her when my mother returned and she said she couldn't meet with me until Mon. morning. When I went to my meeting they terminated me stating that since I called after my shift started and was scheduled to work on wed. that I was considered a no call/ no show. But on 3 occasions before I had FMLA in effect and my father had emergency surgerys I called in after shift and only got abscences. I filed a grievience with the DOL and just want some input as to what you think my chances of winning are.