1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

Fmla Paperwork Delayed... Right to return to work delayed

Discussion in 'Medical Leave & Disability' started by Winslow, Oct 27, 2013.

Thread Status:
Not open for further replies.
  1. Winslow

    Winslow Law Topic Starter New Member

    Messages:
    5
    Likes Received:
    0
    Trophy Points:
    0
    On 10/1/13 I called out of work and informed them I was sick and had made a Dr.'s appt for that day. ( I work in a call center for inbound calls) We have a strict call out policy.The Dr. saw me on 10/1/13 and took me out of work until the following week tentative return date 10/8/13. I called into my job the following day and spoke with the Sr. Ops Manager telling her what was happening. She wished me to get better and asked me to tell her when I would be coming back to work, a tentative return date. I explained that the Dr. took me out of work until 10/8/13 assuming I am better.My Sr. Ops Manager said ok, and told me since I would be out to just check in periodically, that I don't have to call in daily. During this week my lung infection became worse. I started coughing blood. I was put on breathing treatments and steroids and my antibiotics was upped to the highest possible. I am also a diabetic so during this time because of the steroids the Dr. prescribed me insulin shots. On 10/8/13, still sick, I returned to work for 2 hours. I had trouble keeping up with the customers on the phone, my breathing was very labored and I had uncontrollable coughing. I went and spoke with my Sr. Ops Manager and explained I had to go back to see the Dr. for a breathing treatment. She said no problem and to let me know when I would return to work. I went directly to the Dr.'s office.I was given 2 breathing treatments and told to return the following day. I returned to the Dr.'s office on 10/9/13. I was also diagnosed with Costochondritis. ( Inflammation of the rib cartilage, muscles.. etc). The Dr. then took me out of work for another week possibly longer depending on my recovery. I called my Sr. Ops Manager on 10/9/13 and informed her I would not be returning for sometime. This is the day she informed me she was putting me out on FMLA. I didn't know I qualified for it because I have never used it and thought it was only for pregnant women, cancer patients or patients with disabilities. She told me no, that I qualify and she would send me the paperwork (PW for later usage). She then verified my personal mailing address and told me to fill out the PW and bring it in when I returned to work. She also told me I didn't not have to call in every day but to check in and give updates on my status. I called her on 10/15/13 to inform her I was to return work on 10/17/13. I then asked her about my FMLA PW since I had not yet received it in the mail. My Sr. Ops manager then tells me to, " Not worry about the PW and to pick it up the day I return to work."On 10/17/13, I return to work and to HR per the Sr. Ops Manager to pick up my FMLA PW. I went down to HR and met with the HR rep. I told her my name and why I was there. The HR rep seemed kind of shocked that I hadn't gotten the PW sooner but said " No worries, we will fix you up here in a minute." She helped me to fill out the PW and then she tells me that I can not return to work until I get a certificate to return from my Dr.'s office. I told her I had a Dr.'s note stating I could return to work and showed it to her. She then stated that due to FMLA laws and the companies policies I had to have this PW filled out. I asked her why wasn't I told it was a necessity before coming back to work to fill this out. Her response was, " I don't know why you weren't given the PW sooner." She then amends the PW for 10/18/132 as the return to work date stating this was because I hadn't picked up the PW until that day on 10/17/13. I told her I would go bring it to the Dr.'s office. I dropped off the PW at the office because the Dr. was not in then and was told I would be contacted when it was filled out. On 10/18/13. I called the Dr.'s asking if it had been filled out. I was told " No, it hasn't been filled out yet but they would call me when it was ready." On 10/21/13, I called again stressing the need for the PW. It still wasn't finished. Monday evening I received a call from the Dr.'s about a discrepancy on the PW. They were wanting to know why my original return to work date had been changed to reflect 10/18/13 instead of 10/17/13. I explained to the Dr.'s office that my HR rep, amended the date because I didn't get the PW until 10/17/13 the day I returned to work. the Dr.'s office wanted me to confirm it with HR. I called my HR department on 10/21/13 and left a message. I then tried to contact my Sr. Ops Manager but her voicemail was full. ( I called her 3 times.) On 10/22/13, I finally got a hold of the Sr. Ops Manager asking her what to do since I couldn't reach HR and they weren't returning my calls. I was then told by the Sr. Ops Manager that I was to deal with HR only as I wasn't even scheduled. I then called the Dr.'s back and told them to go by whatever was written on the PW since no one was returning my calls and I needed to return to work. On 10/23/13 I received a call from the Dr.'s informing me the PW was ready for pickup. I asked the Dr.'s to give me a written statement showing the date I dropped it off and when I picked it up and asked for a doctors note for 10/18/13, just to cover myself since HR had changed the dates on the PW.The Dr.'s office complied. I went to HR depart and dropped off the PW. During the time I was out sick I had been doing research on FMLA because I knew nothing about it, I wanted to check on FMLA procedures for Dry Socket. At the end of August 2013, I had had 2 teeth pulled which developed into severe dry socket, having me have to go to the dentist 4-5 times for dry socket packing. I had called out every day and spoke with a supervisor but was never once told I may qualify for FMLA. The HR rep told me I wouldn't qualify for FMLA for Dry Socket. I disagreed with her and told her I had been doing research and in some cases as long as I was seen by the Dr. at least 3 times ( which I had ) and it would interfere with my job that it should have counted and why wasn't I told about it then? The HR rep told me to take it up with my Sr. Ops Manager. So I went upstairs to find out about getting put back on the schedule and then to talk to her about why it took so long for me to get the PW and since I missed a lot of days that I would have been working if given the PW on time, would I be paid for those days I didn't work since I didn't know I had to have this PW filled out by a Dr., and to inquire why I wasn't told about FMLA during the time off of work for my Dry Socket. I was then told by her that it was my responsibility to pick up the PW or have someone pick it up for me. I asked her why would I have done that when she told me she was sending me the PW and when it never showed up that she told me to not worry about it and pick it up on the day I returned to work. I asked her if it was such a necessity for this PW to be filled out by a Dr., why wasn't I informed? Her response was it shouldn't have taken the Dr.'s office this long. I then told her that under FMLA law ( remember I have been now doing research ) that I have up to 15 days to get it filled out and returned to my employer from the date I received the PW. The Sr. Ops manager then states, " Oh, well you just said it, you have up to 15 days to return the PW, so you could have missed all these other days and not been paid, and we don't have to legally pay you for the time you missed from work getting the PW filled out." I then counteracted back with a firm , " No, you are misunderstanding my point. I legally have 15 days to get the PW back to you once I receive it but it is the employers responsibility to get me that PW, and you yourself stated you would mail it to me, and when it did not show up at my house and I inquired the reason why, YOU told me to pick it up when I returned to work. What happened to the PW,why wasn't it sent out?" The Sr. Ops Manager then tells me she sent an email to Amber. I asked who is Amber? She tells me she is the other HR rep. I then said well lets go see this Amber and ask why she didn't send out the PW. I was then told that Amber was in transition and she no longer works for the company. So I asked, " When did this take place? And if it happened before I spoke to you on 10/15/13 when I inquired about my PW and you told me to not worry pick it up the day I return, shouldn't you as of then explained to me the necessity of having the PW filled out by a Dr. before I returned to work? I didn't even know it required a Dr.'s certification! She then tells me it was my responsibility as the employee once again to have picked it up myself. So then I asked her why I wasn't told I could have had a qualifying FMLA leave for my dry sockets when I called out for 2 straight weeks. I didn't want that time to count against me. She then said, " Well, I can't legally fire you because you are on FMLA." I was then told that I wasn't taking responsibility for anything and I was passing the blame on everyone else and it was my own fault for not asking for FMLA. I said to her, " How would I know it was FMLA if I didn't even know I could qualify for it and didn't even understand it?" She then fires back with, " What you have never been this sick before? You have never used FMLA before? You have never dealt with HR before?" I told her, " No, I had not. My previous jobs ( which I drove commercial vehicles ) I didn't come into contact with HR often unless it was like an annual update your mailing address. She then tells me they will not pay me for the days I missed while waiting for the PW. Since it was 3/4 threw my regular schedule and I would be back on the clock the following day I went home.The next day on 10/24/13, I returned to work. As soon as I entered the building I felt like I was having some sort of attack. I started sweating, breathing hard, getting antsy. I had to go see HR, because I had found the PW which stated my request for time off ( given to me on 10/17/13 and was told to return it to my supervisor the day I returned to work) stated I was to be paid from 10/1/13 to 10/18/13, and I had exhausted all my PTO time and was checked as listed under FMLA. I wanted to clarify if I was being paid. Since the PW said I was to be paid I wanted it noted. I brought it to the HR depart and she took the PW and said, " Oh no, you aren't to be paid, FMLA is unpaid. I then asked her why did she help me fill it out that way on 10/17/13 if I wasn't to be paid. She then amended the PW to say, " As available Paid, Remaining Unpaid" and told me that any of my PTO would be paid, but the rest was unpaid. I stated that the PW contradicted itself since my PTO was exhausted for when I was out for Dry socket. I then asked her if my time off for my Dry Socket would be counted against me since I wasn't informed of my rights that it could be a qualifying FMLA leave. See next post.
     
    Last edited: Oct 27, 2013
  2. Winslow

    Winslow Law Topic Starter New Member

    Messages:
    5
    Likes Received:
    0
    Trophy Points:
    0
    She tells me if there is ever an issue about that , that she would handle it since I should have been told. I asked for her to put it in writing that, that time missed would not count against me as a bad mark. She stated she couldn't do that. She then told me to go see the Sr. Ops Manager and see if she would pay me for those days. I told the HR rep that the Sr. Ops Manager already told me they didn't have to pay me. I then asked to speak to the Sr. Ops Manager's Boss that I wanted to file a formal complaint or grievance, where was his office? The HR rep told me ( since she now had his office ) that he didn't have an office and he just floated around. So I stated, " Let me make this clear, who do I have to speak with to get a meeting to see him?" She told me I would have to go see one of the Ops Managers upstairs. During this time my emotions and anger were getting the better of me. I was breathing so hard, my heart was racing. I went to see the other Ops Manager, explained everything that had happened. He took the time off work paper from me when I showed him where she had changed it. He stated that the PW contradicted itself and he asked me to put a star next to everything she had changed and then at the bottom of the page state that the star equaled changes made on this date 10/24/13 and went and made copies for both of us. He then tells me Amber in HR left on 10/10/13. I then started crying. I couldn't stop crying.The Ops Manager told me, " As a friend to go home and see my Dr. to get me something to calm down." I then asked would I get a write up for leaving early because he told me to go home. He stated no he would take care of it. He then said he would call a meeting with the Sr. Ops Manager, HR, the Sr. Ops Managers boss and call me later that day before 5 pm. The Dr.'s then saw me and I explained by now I had been crying for almost 2 hours and couldn't stop. This wasn't like me. They then informed me they wanted to have me see a psychiatrist and put me on a tranquilizer med. I have an appt with the psychiatrist on 10/28/13. Later that day I received the phone call from the Ops Manager telling me that he was siding with HR and the Sr. Ops Manager, ( his attitude had changed from being concerned to quite rude ) and it was my responsibility to have picked up the PW and I should have sat and waited in the Dr.'s office for the PW to be filled out. I then reexplained how could I when the Dr. wasn't there to fill it out the day I brought it in and then there was a discrepancy on the PW for the actual release dates to return to work. He then stated he wasn't going to re- hash this with me anymore and I was expected back to work as soon as possible. After that call I started crying hysterically again, thinking that now I am going to loose my job. On 10/25/13, I called our companies concern hotline to get in touch with corporates Head of HR. I left a message stating I wanted to make a complaint. The Corporate HR gentleman called me back within a few hours. I told him everything that was going on. Explained how I was being treated like a 5 year old, being told I was blaming everyone else and that I was afraid of loosing my job, since now all those days I missed for my dry socket was not listed as FMLA and didn't even know I could get it. The Corporate HR rep then told me he was going to send me 3 different sets of FMLA paperwork. One for my dentist, one for my Primary Dr., and one for the psychiatrist to fill out and that I am now on FMLA. He wants me to go to my primary Dr. and have him amend my original FMLA papers to cover me for all the days I had to wait for the paperwork to be filled out up until I see the Psychiatrist on Monday, so from 10/17/13-10/28/13. Then get a separate set from the Psychiatrist going forward if she takes me out of work. He said he would send me the PW verified my address and said it may not show up until after I go to the Psychiatrist. I asked him should I go to my HR to get the PW and he said no HE would definitely be sending it to me. He stated that when I call out from now on, I am to say My name and that I am calling out for FMLA. My questions are.... Is this legal? Is this FMLA interference with my right to return to work? Also since I did not receive a written notification of being on FMLA until the day I returned to work on 10/17/13, is that illegal? And is this corporate HR rep in the right telling me to call out on FMLA when I am not listed under FMLA right now because I was supposed to come back to work now on 10/24/13 once I returned my PW, but since the Ops Manager sent me home because of my uncontrollable crying and having to go to the Dr.'s, and now I have a Dr.'s note taking me out of work until I see the psychiatrist for them to make a determination if I can return to work because my nerves are completely shot, ( I want to throw up every day I call in and have to speak to the Sr. Ops Manager, still have bouts of crying), would this be considered FMLA fraud if I am really not out on FMLA? And due to the 2 weeks I was out for my Dry Socket will that count against my FMLA 12 week usage, when I wasn't even told until recently I may qualify for FMLA during that time? And every time I updated my status with the Sr. Ops Manager she kept asking me when I was returning to work. I contacted the Wage and Hour Division for the DOL. They told me my company doesn't legally have to pay me for the days waiting for the Dr. to fill out the PW, but they are checking in to a possible interference with the PW. What do I do? I am a complete wreck. I haven't slept more than 4 hours in 4 days. I hardly eat anything. I have lost over 10 lbs. I am stressed beyond belief and every time I think about that job I want to vomit. Please Help!!!!
     
  3. cbg

    cbg Super Moderator

    Messages:
    8,632
    Likes Received:
    1,791
    Trophy Points:
    113

    I'll help if you'll go back, edit your post so that there are some paragraphs and white space so that it's readable. As it is, it's not.
     
  4. Betty3

    Betty3 Super Moderator

    Messages:
    6,967
    Likes Received:
    290
    Trophy Points:
    83

    Yes, please go back & make some paragraphs. If there is possibly anything not really necessary for us to know, please leave it out. It is way long. Thanks.
     
  5. Winslow

    Winslow Law Topic Starter New Member

    Messages:
    5
    Likes Received:
    0
    Trophy Points:
    0
    I am sorry for the lengthy post. I am typing from a smart phone. I did try to make it smaller and wanted you all to know the issues leading up to where I am at now.

    1.) Yes. Work for a company that employs more than 50 people in a 75 mile radius.

    2.) Yes, have worked a year and the 1,250 required hrs.

    3.) Boss said she would send me Fmla Paperwork on 10/9/13 after already being sick a week. Did not receive any paperwork by 10/15/13. Called to ask where it was at, was told to pick it up on the day I return to work.

    4.) 10/17/13 return to work.. HR is unsure why I didn't receive paperwork tells me I can not return to work until I get a certification. Wasn't told I needed one until that day. HR amended paperwork to reflect 10/18/13.

    5.) Had to wait 6 days for paperwork to be filled out due to HR amending paperwork. Am told I will not be paid for hours missed while waiting for PW.

    6.) Not given a written notification of FMLA until 10/17/14, day I return to work.

    7.) Had previously missed 2 weeks for a dry socket was never told it could be FMLA qualifying and wanted to clear it up.

    8.) Corporate HR is trying to backdate all FMLA paperwork since I filed a complaint. Is stating I should call in under FMLA. (Even PW pertaining to Dry Socket from 2 months ago.

    9.) Is it illegal for them to not give me my PW until the date I return to work, without properly telling me I would need a Dr.s cert?

    10.) Is it illegal to back date FMLA paperwork to cover their butts while I was out for 2 weeks for Dry Socket 2 months ago?

    11.) Is it illegal for the corporate HR to try and get my doctor to amend FMLA paperwork, to cover the dates from 10/18/13-10/24/13 while waiting for said paperwork to be filled out even though I was already released to work on 10/17/13?

    If you have any questions please ask. This is my first time ever on FMLA. I didn't even know I could qualify.
     

Share This Page

Thread Status:
Not open for further replies.