Is this a violation of FMLA
Right befor I came back to work I told my boss that my doctor had released me and I could come back to work, At this time I was advised that I had missed more than I had been there this year and they needed there staff to be at work and my points had increased as well during the week I had returned.
1 answer | asked Jun 6, 2015 12:21 AM [EST] | applies to Indiana
Answers (1)
There are two issues here. The first is whether you and your employer are covered by the FMLA. Your employer has to have 50 or more employees in the area where you work for the FMLA to cover it. You have to have worked for the employer for at least a year, and worked at least 1,250 hours during the last 12 months, for you to be covered.
The second issue is, if you and your employer are covered, whether the employer violated the FMLA. The statement, that you need to be at work and have been away from work more than you were there, indicate a bias against taking leave. However, a bias, by itself, is not unlawful. The employer has to act on the bias in a way that has a tangible, adverse impact on you.
Finally, you only get 12 weeks of FMLA leave a year. If you have taken more than 12 weeks, then you would be subject to your employer's normal attendance rules.
posted by Neil Klingshirn | Jun 8, 2015 06:56 AM [EST]
The second issue is, if you and your employer are covered, whether the employer violated the FMLA. The statement, that you need to be at work and have been away from work more than you were there, indicate a bias against taking leave. However, a bias, by itself, is not unlawful. The employer has to act on the bias in a way that has a tangible, adverse impact on you.
Finally, you only get 12 weeks of FMLA leave a year. If you have taken more than 12 weeks, then you would be subject to your employer's normal attendance rules.
posted by Neil Klingshirn | Jun 8, 2015 06:56 AM [EST]
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