FMLA and Terminations

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bynx101

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I was fired today while awaiting a decision on a FMLA extension, and was told it was because my FMLA had been denied. When I called to find out why the FMLA claim was denied, I was told it wasn't and was still awaiting information from my doctor. Do I have any rights? The entire ordeal with the FMLA has been horrendous, and I was expected to work normally during my initial FMLA, including being told by my manager, that my medication schedule needed to work around my 24/7 availability schedule, or I would be replaced. Is this right?
 
I was fired today while awaiting a decision on a FMLA extension, and was told it was because my FMLA had been denied. When I called to find out why the FMLA claim was denied, I was told it wasn't and was still awaiting information from my doctor.

Who did you speak to on each occasion? Obviously there's some confusion at your employer's end.

Do I have any rights? Of course but (a) your request for an extension hasn't be denied and (b) you haven't commented on how much FMLA you've already taken in the past 12 months. That is a critical piece of info.

The entire ordeal with the FMLA has been horrendous, and I was expected to work normally during my initial FMLA, including being told by my manager, that my medication schedule needed to work around my 24/7 availability schedule, or I would be replaced. Is this right? No, it's not right. If you are taking intermittement FMLA, the law provides that you schedule appointments (or whatever) in a manner that minimizes disruption to your employer when feasible but your employer cannot deny you FMLA or dictate that you must do anything contrary to medical advice.

You need to comment on how much FMLA you've taken so far.
 
I'm sorry, I have taken the full amount of my original FMLA, which ended June 1st. I have missed several days, which according to my supervisor, would be covered under the FMLA extension, once it was approved. If it was denied, then I could expect to be fired. The problem is, the company we outsource to for our FMLA needs informed my bosses that I was denied, when I spoke with the FMLA, they informed me they had neither approved or denied the claim yet, and where still awaiting paperwork from my doctor. Seems she forgot to fill something out, and they had faxed it back to her to do that. I had spoken with the FMLA people just the previous day about this. The next day, I found out I'm "denied" by my employer and terminated. Again, according to the FMLA people, it hasn't been denied, just still awaiting information.
 
The "FMLA people?" I find it bizarre that a company would outsource FMLA administration but I guess they can if they wish to.

I'm sorry but you still haven't answered the critical question. Saying you have taken the "full amount" of your original FMLA doesn't tell me anything about how much time you've actually taken - five days? two weeks? 10 weeks? more? I need to know that in order to offer an opinion on your FMLA rights.
 
In answer to your question, I've used the entire 3 months of intermittent FMLA I was given June 1, 2003. I started an extension of that FMLA, basically applying again for this year, for another 3 months of intermittent FMLA. I was under the impression that while the FMLA was in process, neither accepted nor denied, it was not possible for my employment to be terminated. That is what I'm wanting to know. Did they have the right to terminate my employment, while an FMLA claim was neither denied or accepted, and state that it was "denied" when it wasn't.
 
Thank you. Now I understand.

If you worked at least 1,250 hours in the past 12 months and your medical condition meets the criteria of a "serious health condition" as defined in the FMLA, you should requalify for up to 12 more weeks of intermittent FMLA.

Generally speaking, no, you may not be terminated for being absent for potential FMLA absences if you submitted the proper certification paperwork timely and a decision is pending. I can't give you a 100% certain answer in your situation since I don't know all the particulars but if you believe your rights under the FMLA have been violated, you should call the federal Department of Labor.
 
Just a clarification: You cannot be fired BECAUSE you took FMLA leave. However, you can be fired for any reason that would have taken place regardless of whether you took leave or not. Also, in the event that you do not qualify for an additional 12 weeks of leave (either because the company-designated 12 months is not yet up or because you did not work the requisite number of hours) it is legal to term you if you are not yet able to return to work - they are NOT legally obligated to allow you to extend your leave in either of these cases. They may if they choose, but they do not have to. Nothing in the law requires them to allow you more than 12 weeks in a 12 month period.
 
I would assume (bad I know) that they were ok with me reapplying, as I was instructed to do so by my immediate supervisor. Also, they stated they fired me because my FMLA was denied, and my absences now weren't covered so I was immediately termed for that. I was only given a verbal warning about a week before. I was a member of management, and it was explained to me when I was employeed in that position that even though we are in a "at will work" state, we were goverened by federal employment law due to the number of government contract employee's we employed. Because of this, and during my tenure as a member of management, we were not able to fire anyone without at least a verbal, written, then final written and another occurance for attendance. This was company policy. I was termed with nothing but a verbal, as well as the lie that my FMLA was denied. My FMLA has not yet been decided on. As to whether or not it would have been, I have no idea, I'm not sure I worked the required amount of hours the previous year. Also, I'm curious if in a management position, in an at will work state, is there a limit to the number of hours you work straight at one time?
 
I'm curious if in a management position, in an at will work state, is there a limit to the number of hours you work straight at one time? A few States have a requirement that an employer provide "one day of rest in seven" but that's it. Being in management (or not) has nothing to do with the hours an employee may be required to work.

it was explained to me when I was employeed in that position that even though we are in a "at will work" state, we were goverened by federal employment law due to the number of government contract employee's we employed That's nonsense. ALL employers (with exceptions for very small employers) are required to comply with federal employment regulations and State employment reg's as well. An employer just does not get to "decide" they'll only follow federal employment laws. Whether an employer contracts employees to the government is irrelevant.

I suggest you consult with an employment law attorney. If your FMLA certification was unlawfully denied and/or you were terminated for absences that should have fallen under the FMLA, or you were term'd for absences while your FMLA certification was pending, you may well have a claim to bring.
 
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