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FMLA violation

Discussion in 'Medical Leave & Disability' started by mmm2323, Mar 27, 2015.

  1. mmm2323

    mmm2323 Law Topic Starter New Member

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    I think I may have been fired for trying to take fmla. On 3/3/2015 I made a request for fmla leave for a serious health condition, h&r sent me my fmla rights on 3/10/2015 and set a deadline of 3/23/2015 which is less than the required 15 calander days, so I called h&r and explain that I have up to 15 days to return my certification . They agreed and made the deadline 3/25/2105.

    I had my certification papers fully filled out by my health provider explaining my treatment, and the dates that I would be unable to work. I get up on the morning of the 25th to email my certification in, and my work email account has been deleted. So I take my forms in person to h&r and ask if I have been terminated and they would not give a me an answer, they would not say if i was terminated or still employed. They did take me fmla certification.

    So on the morning of the 26th I get a certified letter dated for the 25th stating that I no longer am employed because the time off was unexcused, I thought I had 15 days to turn in my certification, the 25th would have been on time would it not? In hindsight I should not have waited to the last day but I could not get the form filled out any sooner.
     
  2. cbg

    cbg Super Moderator

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    You can always file a complaint with the US DOL and see what they say.
     
  3. Betty3

    Betty3 Super Moderator

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  4. mmm2323

    mmm2323 Law Topic Starter New Member

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    I've contacted an attorney. I'm going to pursue a private lawsuit. Thanks for the information everybody.
     
  5. Betty3

    Betty3 Super Moderator

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    Ok, though going through the DOL is free.
     

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