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FMLA documents "deleted"

Discussion in 'Medical Leave & Disability' started by Lherring81, Jul 14, 2016.

  1. Lherring81

    Lherring81 Law Topic Starter New Member

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    My wife was hospitalized and clinically diagnosed with post partum depression 9 months after the birth of my son. She spent 3 weeks in a unit that specialized in PPD and was documented as such. Her FMLA covered her for 12 weeks and she returned back to work with a limitation on no more than 2 consecutive days of work. Her employer made arrangements to accommodate her newly revised lifestyle and kept her workload normal with the exception of only allowing her to be scheduled for 2 consecutive days during her work week. She began to suffer some anxiety issues after co-workers learned of her diagnosis and freely talked about it even though my wife wanted it to be kept quiet. She began to have sleeping issues as her anxiety grew worse. She began seeing a psychologist and psychiatric dr in order to resolve this issue as it was affecting her mornings. Her psychologist filled out FMLA. Paperwork to help cover any tardiness she may have due to these documented issues.

    My wife put in her 2 week notice because she felt as if she was being treated unfairly and her expectations were being held at a greater level than other employees if same experience and knowledge. She agreed to work part time in order to help her department transition while they made arrangements for the lack of staff due to her resignation. She was tardy for a scheduled day once more after her resignation and the hospital terminated her at the the of her next shift citing too many tardiness. Once shock wore off she realized she should have been protected under her FMLA. She called her HR department and they told her no such document existed and she was never protected. She never received a formal communication that her FMLA was denied nor that it wasn't received. Her supervisor and manager were previously aware of this FMLA stipulation and they still were in charge of her termination.

    This company is a small hospital that was bought out by Lifepoint Hospitals.

    What are our options? She wished to simply have her termination wiped off her record and did not want any re-employment but they would not cooperate due to their "lack" of documentation for her FMLA.

    Any legal advise on this matter?
     
  2. cbg

    cbg Super Moderator

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    If she'd used a full 12 weeks of FMLA when she had the post partum depression, it's quite possible that she had not yet re-qualified for it again. FMLA is not unlimited and you often need to requalify after you return before you are eligible again. How long between when she returned to work on a part time basis, and when she was termed?
     
  3. Lherring81

    Lherring81 Law Topic Starter New Member

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    I believe her term year is November to October. Her 12 weeks started in late October until the beginning of December (2015). Meanwhile. Her employer switched FMLA providers in February 2016 from FMLA source to UNUM. Her FMLA paperwork from her psychologist was submitted around the time of provider change. During the changing of FMLA providers would the existing limited reset for existing subscribers?
     
  4. txls

    txls Well-Known Member

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    The provider wouldn't matter. The good thing is that since she was terminated she has a better chance of qualifying for unemployment.
     
  5. cbg

    cbg Super Moderator

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    If she used up her entire 12 weeks ending in December of 2015, and she went back to work at only two days a week, she had almost certainly not re-qualified for FMLA yet. FMLA eligibility is set by Federal law - who is administrating it would have no affect on it at all.

    If she had not re-qualified for FMLA yet, which from the timeline you've provided is almost a certainty, she can legally be fired for absences or tardies regardless of what paperwork her doctor provides./
     
  6. Betty3

    Betty3 Super Moderator

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    It is best that she not have the termination by the employer wiped off her record. If she quit (terminated her employment), she most likely would not qualify for UI. You don't generally get unemployment ins. when you quit.

    Agree, from what you posted, that she would not have qualified for FMLA again.
     

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