hr fired me.

M

med5783

Guest
Jurisdiction
Pennsylvania
well my child was admited to hospital for 2 days. i call off 4 hrs prior to shift and was told its fine take care of child. 2nd day i stop in to discuss whats going on. its fine talk to hr lady. she tells me i need fmla papers filled out if u miss 3 or more days. so i give to drs to fill they tell me this is for kids with cancer and such. so they give me excuses instead. lady tells me they should of filled out and she has to write me up for missing the 2 days. well they let me work the 3rd day and fire me the forth. i didnt think i could b held accountable if my child was admitted to hospital for 2 days. on top i signed up for aflac which i pay for was canceled without prior acknodlege and days before i was terminated.
 
Let's establish whether FMLA applies. FMLA eligibility is set by Federal law and not by your employer. If FMLA applies, then your termination was illegal - if it doesn't apply, it was legal. Not very kind, and not how I would have handled it, but legal.

So, to FMLA:

How long have you worked for this employer?
How many employees does your employer have within 75 miles of your location?
In the last 12 months, that is since September of 2015, have you worked a minimum of 1,250 hours for this employer?
 
ive worked for yr and hlf. i dont understand why dr didnt want to fill out papers. i met all fmla qualifications for the papers to b signed. and i dont underatand how i can be told that its fine take care of your child. tell me u r writing me up for it. work a shift. come in next day terminate me and tell me they are foring me for unscheduled call offs.
 
plus after reading fmla stuff, they did give me 5 days notice that i was approved to sign up for fmla. dr didnt fill out, wasnt told i could have 15 days to try to fix or see if doctor would fill out.
 
Whoa, hold on a minute. Let me ask you another question.

FMLA not withstanding, did you follow the proper call in procedures EACH AND EVERY DAY that you called out?
 
i called off 4 hrs before wasnt put thru to call off voicemail but talked to employer personally was told its fine care for child. 2nd i stopped in 6 hrs before shift and talk physically to employer and hr rep.
 
the drs didnt fill out fmla papers says it wasnt for me he doesnt have cancer which i took into offense to but fig it was example. gives an excuse. but my child was admitted to hospital and all employment specs were met or the lady wouldnt of gave me to fill out
 
Thank you. Was that so hard?

I am taking you at your word that you actually qualify for FMLA, though I would have preferred that you answer each question instead of only one and then assuring me that you qualified. You're being cagey enough about your answers that I'm no longer comfortable giving you a definite "yes, it was illegal" or "no, it was not illegal". It sounds more as if you're looking to tell your story than actually getting legal information. However, there is sufficient reason to believe that FMLA has been violated that it would be worth your while to consult with an employment law attorney. Please be a little more forthcoming with him than you have been with us.
 
I agree with cbg. Even if the doctor didn't fill out the FMLA forms if the "medical condition" was a possible FMLA qualifying "medical condition", they should have "conditionally" granted FMLA. Talk to an employment law attorney. However, we don't have very much info/very many details here to base our answers on.
 
ok. towards fmla. i assumed since i was givin papers ftom hr lady after telling her what was going on that i meet all requirements except the amount of days he was admitted for 2 days. released evening of second. the papers state if i had to care for child while in hospital that i qualified. like stated i worked there for yr and hlf. over 50 employees. etc. the worst was they were ok with me taking the time off but ultimately fired me.
 
I have a feeling there is a whole lot more to this story we are never going to get. Employers do not just go around firing stellar employees who have been there for a year and a half, and who properly called off work for only 2 days due to a hospitalized child. If every time an employee took off 2 sick days for a kid they were fired, there wouldn't be very many employees left to work.

That said, if the doctor refused to complete the paperwork stating that the reason for the absence did not qualify as FMLA, then the employer can infer that FMLA does not apply. I can't imagine that a doctor wouldn't be familiar enough with FMLA to know it is not just things like cancer, but perhaps the doctor was paraphrasing. In any event, if the employer had no reason to believe FMLA applied, it isn't a violation to fire you.
 

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