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FMLA

Discussion in 'Medical Leave & Disability' started by Hethrna, Sep 30, 2017.

  1. Hethrna

    Hethrna Law Topic Starter New Member

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    Jurisdiction:
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    I am currently out on medical leave, I was contacted by my boss to come in for an evaluation since it was my hire month. When I got there it wasn't an evaluation it was a disciplinary hearing. First is this against the law to call me while out on leave and then to lie to get me there for a disciplinary hearing? I am out sick, I am stressed already!
    Now my FMLA expires this Friday today I received a registered letter saying my boss had been calling & texting me to discuss my disciplinary hearing again & I had 7 days to respond! NO one has called or text they are trying to fire me so I do not receive benefits what should I do???
     
  2. cbg

    cbg Super Moderator

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    Let me ask you a question or two.

    Have you been cleared to return to work when your FMLA expires? Or are you going to need additional leave over and above FMLA?

    What specifically s the disciplinary hearing about?
     
  3. Hethrna

    Hethrna Law Topic Starter New Member

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    No I haven't been cleared to go back. My dr said till further notice.

    The disciplinary hearing was a violation of policy.
    They messaged me asking me to come in July 28th and I was supposed to return July 30th. But they wouldn't wait. I just happened to go to the dr that morning and she put me off until further notice
     
  4. cbg

    cbg Super Moderator

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    If you are not able to return to work when your FMLA expires they can fire you regardless. So it would seem to me that it's all rather a moot point.
     
  5. Hethrna

    Hethrna Law Topic Starter New Member

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    Thank you
    So even being on short term disability with the company will that be taken?
     
  6. cbg

    cbg Super Moderator

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    Short term disability brings with it no job protection rights. Only FMLA has job protection. When FMLA expires, so does your job protection, even if you still have STD benefits.

    Now, if you are asking me whether or not you will lose your STD benefits when your employment ends, the answer to that is that it depends on your specific STD policy but the odds are much better in favor of your benefits continuing, than they are of them ending.
     
  7. Hethrna

    Hethrna Law Topic Starter New Member

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    Thank you so much for all your information!!
     
  8. Hethrna

    Hethrna Law Topic Starter New Member

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    So my employers contacting me while I was off? Was that against the law or not?
     
  9. cbg

    cbg Super Moderator

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    I don't think we really have enough information to say. It is not across the board illegal for them to contact you - you're SUPPOSED to keep in touch with them. Whether or not asking you to come in, with regards to a disciplinary issue, violates anything is very fact specific and we don't have very many facts. You yourself probably don't have all the facts we would need to make a determination - such as when and how did they discover the policy violation? Was there an investigation going on that involved other people? Was there an outside agency involved? Etc.

    But either way, even if you reported a potential FMLA violation to the DOL and they investigated and found in your favor, it wouldn't happen quickly and it wouldn't save your job since they can quite legally let you go as soon as your FMLA expires.
     
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  10. ElleMD

    ElleMD Well-Known Member

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    If they had fired you for not coming in to meet while you were on approved FMLA, that would be illegal. If they asked if you to come in and you did, it is not. If your FMLA expires this Friday, giving you 7 days to respond is fair. Wait until Friday when your FMLA is up to contact them if you wish.

    I will say it is awfully suspicious when an employee originally only needs 2 weeks off and once in trouble for a policy violation, needs indefinite leave.
     
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  11. Hethrna

    Hethrna Law Topic Starter New Member

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    I had been off since July 31. They contacted me August 25 to come in for what I thought was my evaluation on August 28th. I have an immune deficiency which I have to take infusions every Friday. I work in healthcare & more or less am sick constantly. I am to the point of having to wear a mask most of the time. So I wasn't off two weeks & then went off indefinitely once I got into trouble.
    I had been going to my family dr, my immunity dr, & a gastroenterologist the whole month of August and not getting any better. Monday August 28th the day I was going into my meeting for my "evaluation " I went to my dr and she put me off until further notice. That evening I went to the meeting and found out I wasn't there for an evaluation I was there for a disciplinary hearing. They lied to get me there!
    So I had my note in hand when I went in saying I was to be off.
     
  12. Hethrna

    Hethrna Law Topic Starter New Member

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    I am sorry where did you read I originally only needed two weeks off?
     
  13. ElleMD

    ElleMD Well-Known Member

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    This post. You indicate you were asked to come in and speak to them on July 28 and were to have returned to work July 30. If your FMLA ends on the date you indicated, it would have begun on or about July 14. If you were told you needed to come in and meet with them on July 28 while you were still working and you didn't require leave until July 31, I am baffled as to why you would think that problematic. Certainly you don't expect your employer to have foreseen your sudden need to leave at the same time as you were in trouble with them.

    It is not illegal to include discipline in a performance review and they do not have to give you advance warning. Presumably if you violated a policy you would already be aware of that fact.
     
  14. Hethrna

    Hethrna Law Topic Starter New Member

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    I wrote the wrong days sorry one of the many reasons I am off until further notice because I have memory problems.
    I went out July 31 and was marked off for so many days then had to go back to the dr before those days ended. That happened several times because I am stubborn person and believe I should work no matter what. I have worked myself into the hospital on many occasions when my dr tells me to take time off and I don't. However this time, I was having more issues & I couldn't work.
    No I didn't just go off work because I thought I was in trouble or found out I was in trouble.
    The meeting was actually August 28th
     
  15. army judge

    army judge Super Moderator

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    I'm not in charge of you, so don't take this negatively.

    We must take care of our bodies and work to be as healthy as possible.

    If I were you, I'd focus on getting well.
    Rushing the process will likely retard your progress.

    Once you're fully recovered you can get back in the workforce.

    Best wishes for your recovery.
     
  16. Hethrna

    Hethrna Law Topic Starter New Member

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    Thank you so very much!
     

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