FMLA Retaliation

Status
Not open for further replies.

Scar

New Member
Less than a week ago i notified my employer of my intention to use FMLA due to my husbands illness. It is to be intermittent and not expected to exceed three days a month. My HR department suggested it and I put it off as long as possible hoping he would get better. He has a chronic illness that hadn't caused issues in years however in the last two months alone we have been in the emergency room four times. This week an email was sent to the entire department stating new rules that were supposed to be effective immediately. These included a change in hours for me (it was sent during my shift) as well as changes to the lunch policy and the use of vacation as sick time. Some of the policies are in direct opposition to company policy. It was stated to me by my manager that she was making these changes because she was tired of myself and another employee "coming and going as we please", the other employee is on FMLA and my manager has made numerous derogatory comments about this employee and her hatred of FMLA. Since the policies were put in place the only two employees in the department forced to go by them are myself and the employee who is on FMLA. I've brought this to my manager and HR attention and received zero response. What should I do next? My manager is well known in the company for harassing employees and in fact has already had harassment charges filed against her which cost the company a large sum of money.
 
What should you do next? You should give HR a little time to work, that's what you should do next. This is an extremely busy time of year for HR and the fact that you did not get an immediate resolution reported back to you in a matter of only a couple of days does not mean that nothing has been done or is being done.
 
I understand that, my question more related to are there any additional steps I should be taking. Im sorry i should have clarified that. Thanks for helping though.
 
Give them a bit more time and if it's still not done, gently bug them a little.
 
Thanks! I've never been through anything like this and just want to make sure i don't do anything that costs me my job.
 
Don't do anything more at this time so you don't possibly jeopardize your job. Wait & see if you hear back from HR first before taking any further action.
 
The other thing I would do is get the FMLA paperwork completed ASAP. Right now, you have zero protection as you aren't on FMLA. If you never file the paperwork or make the formal request, your employer is not obligated to grant you the protections FMLA provides. Always, always file. If you end up not needing to use days, no harm done. If you do end up needing days, your employer only has to 'tolerate" them if you are on FMLA. The fact that they could have maybe qualified had you applied means virtually nothing. Keep in mind that even under FMLA, you must follow your employer's rules for reporting absences.
 
The paperwork is already at the doctors, and has been for several days. I am already kicking myself for not doing it when HR suggested the first time. I just kept thinking he would get better and there's such a stigma attached to it in my office I was trying not to rock the boat. I feel like an idiot now but honestly couldn't have imagined my boss turning on me. I went from being star employee to crap on a stick in the space of one ER visit. But yes I am following all rules to the letter and with a smile on my face.
 
Best way to go about it. You're always in a stronger position when you've taken the high moral ground yourself.

If the doctor doesn't get the paperwork to you on Monday, it couldn't hurt to double check. While the law gives you 15 days, you're in a situation where the sooner the protections kick in, the better.
 
Status
Not open for further replies.
Back
Top