can you be wrote up for call offs if they fall under the fmla
i called off with stomach pains went to the hospital was admitted for four days. then i had surgery and was off for 4 weeks came back got the flu and ended up off again all under fmla i had to call off for the flu when i returned i was wrote up for my calloffs and my fmla ones were included now they are writing me up for call offsa this year for my daughter she has seizures and i tried to take the rest of my fmla to take care of her and i was told i couldnt is that true
1 answer | asked Mar 19, 2010 6:02 PM [EST] | applies to Pennsylvania
Answers (1)
As a general matter, your employer may not retaliate against you for taking FMLA leave. Your leave after surgery may well have been FMLA leave, and should not be the subject of discipline (or write-ups). You say that the days you missed for the flu were also under the FMLA. This would be surprising because the FMLA covers serious health conditions and as a general matter the flu would not fall within this definition. Your daughter's seizures may qualify as a serious health condition for which you are entitled to take FMLA leave.
To evaluate your right to take FMLA leave and whether your employer has acted appropriately, an attorney will need to look at many factors, including whether your employer is large enough to be covered by the FMLA, whether you have worked there long enough to be covered, and how much leave you have already taken. An attorney will also need to explore the basis for the write-ups to evaluate whether your employer had legitimate reason for the discipline, or whether you are being treated differently from other employees.
I suggest that you speak with an attorney who can further discuss these issues with you.
posted by Virginia Hardwick | Mar 20, 2010 05:00 AM [EST]
To evaluate your right to take FMLA leave and whether your employer has acted appropriately, an attorney will need to look at many factors, including whether your employer is large enough to be covered by the FMLA, whether you have worked there long enough to be covered, and how much leave you have already taken. An attorney will also need to explore the basis for the write-ups to evaluate whether your employer had legitimate reason for the discipline, or whether you are being treated differently from other employees.
I suggest that you speak with an attorney who can further discuss these issues with you.
posted by Virginia Hardwick | Mar 20, 2010 05:00 AM [EST]
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