FMLA violation?

[mgahona]

I was just terminated after being denied FMLA leave. The reason for my FMLA denial was the the doctor failed to complete the paperwork fully. Should I have been given an opportunity to contact my doctor and advise them that the paperwork needed redone? My doctor is still in the process of testing to find why I have extreme lower back pain that makes it difficult to sit or stand for more than 20 minutes at a time. The doctor did put on the paperwork that testing was still being completed and a return date for work was unknown at this time. The HR department did not even contact the doctor either, they just sent me a letter of termination in the mail.

 

[Green_Hornet]

You wouldn't know it by how employers treat it, but the FMLA is a remedial statute that must be broadly construed to effectuate its humanitarian purpose. And the purpose of the FMLA is "to entitle employees to take reasonable leave for medical reasons," and to help working men and women "balance the demands of the work place with the needs of families." 29 U.S.C. § 2601(b)(1) and (2). The FMLA is about family values, about allowing workers to be responsible spouses and parents. So when a worker is denied his FMLA rights, it hurts his entire family.

Even though the FMLA is supposed to be applied in a liberal manner, employers delay by bouncing back adequate doctor certificates. Then they deny FMLA applications for bogus reasons and hope the worker doesn't challenge them. The ultimate goal of the campaign is to discourage workers from even trying to apply for FMLA leave in the first place. Unless workers stand up to the employers' illegal behavior, the remedial purpose of the FMLA will be defeated.

The good news is, Congress allows workers whose FMLA rights have been delayed or denied to immediately file suit in federal court so judges and juries can hold employers accountable. The remedies under the FMLA include the voiding of any discrimination or discipline, double damages for lost wages and benefits, and attorney fees and costs. And a worker can file suit not only on behalf of himself but also on behalf of all his fellow workers in order to stop the employer from continuing to violate the FMLA. So don't be afraid to stand up and fight for your FMLA rights--by stopping the employers from violating the FMLA you are helping your family and the families of all your co-workers

 

[cbg]

How long after the employer gave you the paperwork, did you return it? How much time did you miss overall? I am leaning in favor of this being a violation but I can think of a couple of circumstance in which it might not be.

FYI, until quite recently the employer was prohibited from making direct contact with the doctor and your direct supervisor still is.

 

[mlane58]

I am also leaning in favor of this being a violation as the employer must provide the employee with seven calendar days (unless not practicable under the particular
circumstances despite the employee's diligent good faith efforts) to cure any such deficiency. If the deficiencies specified by the employer are not cured in the resubmitted certification, then employer may deny the taking of FMLA leave.