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SEDWICK IS CLAIMS ISSUING WRONG FMLA CAUSING ....

Discussion in 'Employment, Labor, Work Issues' started by savemyjob253, Dec 2, 2018.

  1. savemyjob253

    savemyjob253 Law Topic Starter New Member

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    I have read this and more

    So my question is where is the discrepancy here on my claim? The reasonable time I requested if it was not reasonable to the employer then why was it granted in the first place?

    Why has my employer interfere with that granted leave and now placed me on a leave that requires me to be subjected to the company’s attendance policy?

    my HR rep confirmed me being on a continuous leave and does my HR rep have to abide by the leave that is currently being reported by Sedgwick?
     
  2. cbg

    cbg Super Moderator

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    I do not think the employer has violated any laws. A copy of the police report is not going to be considered sufficient verification that you MUST be granted four weeks of continuous leave. They have granted intermittent leave, which is permissible under the law. As to why, I would guess that they granted the leave initially provisionally but when you did not provide anything further in the way of documentation, they modified their approval.
     
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  3. savemyjob253

    savemyjob253 Law Topic Starter New Member

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    As a condition of taking leave for any purpose described in RCW 49.76.030, an employee shall give an employer advance notice of the employee's intention to take leave. The timing of the notice shall be consistent with the employer's stated policy for requesting such leave, if the employer has such a policy



    LEAVE KEY WORD LEAVE as in taking a leave and my employer does not have a timing the timing is in consistent with our states standard unpaid leave time which is 12weeks
     
  4. army judge

    army judge Super Moderator

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    Let's just communicate as if we are acquaintances.

    Do you think this leave would continue to pay you your full weekly paycheck, even though you aren't doing any work?

    Were you (are you) addicted to illegal substances, addicted to prescription medications, or alcohol?

    What exactly is child services claiming you did to your children?

    Did the state take your children away from your custody and care?
     
  5. savemyjob253

    savemyjob253 Law Topic Starter New Member

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    Under my request a police report is sufficient evidence to take my requested leave a written statement is enough for the employer to grant the requested leave

    My employer interfering and putting me under the fmla intermittent absence leave is unlawful because it does not pertain to my situation it is not what I reported and it is forcing me into a possible termination
     
  6. savemyjob253

    savemyjob253 Law Topic Starter New Member

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    the state had me sign them to the state and place them in the care of my mother for. 90 day period so I can get things together and get the mental treatment I need


    The reason why wa state passed this law like this is because of situations like this the impact domestic violence places on a victim is tremendous everything I have to deal with is because of the domestic violence i should be able to do what I need to do without all this extra stress and funny business coming from my job
     
  7. army judge

    army judge Super Moderator

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    If the information you've been provided here is insufficient you need to hire yourself a lawyer.

    Sorry, there is nothing more anyone here can do to assist you.

    This is a private little law discussion forum.

    No one on this site has any authority to make your employer grant you leave, force the employer to keep you employed, or anything else you might need.

    I do wish you the best, and I hope all of your needs and desires are fulfilled in the very near future.
     
    hrforme and savemyjob253 like this.
  8. savemyjob253

    savemyjob253 Law Topic Starter New Member

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    My plan is on Monday when I go see my domestic violence advocate at the ywca I am going to ask if they can pay the 600 dollar fee the lawyer is requesting to send the letter ...I want to give my employer the chance to do things properly while i don’t want to fall ignorant to my rights and lose my job On top of my leave interference I am claiming discrimination from my supervisor based on my victim status my supervisor may not know or realize how he discriminated against me with our interaction... my HR rep might have forgot that I voiced to her I felt this way I understand corrective action can not be taken right now as I am on leave however when my leave is up if no type of acknowledgment or corrective action in any way is taken that holds my employer liable. I want to make sure both me and my employer are fully aware of our actions and rights
     
  9. savemyjob253

    savemyjob253 Law Topic Starter New Member

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    Well I wasn’t expecting anyone here to be able to assist me,as like i seid before wa state law is extremely finikey on many levels I came here mainly to discuss my claim and to hear different opinions from ppl with experience dealing with the law ....
     
  10. cbg

    cbg Super Moderator

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    You are not being put on FMLA leave. Even if you met the eligibility requirements, which you do not (they are set by Federal law and Washington state cannot change them) FMLA leave is not applicable for this type of leave.
     
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  11. cbg

    cbg Super Moderator

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    A police report may be sufficient to grant you leave. I very much doubt it is sufficient for the employer to be required to provide you with four weeks of continuous leave.

    But you do what you want.
     
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  12. savemyjob253

    savemyjob253 Law Topic Starter New Member

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    my leave length is based on my request and my employers agreement to that request it is both me and my employers duty to determine what is reasonable.. the leave also length falls in the 12 week unpaid leave. My employer is not putting me on the correct leave based on not only my request but what I qualify for

    I know I don’t qualify to be unde fmla
     
  13. savemyjob253

    savemyjob253 Law Topic Starter New Member

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    If my employer does not put me on the correct leave they can count this intermittent absence I’m on as time towards my fmla which will interfere if I really need fmla in th future l it can also put grounds towards a termination because I am not in compliance with this intermittent absence I am currently on
     
  14. cbg

    cbg Super Moderator

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    You are wrong. They CANNOT count any time you take now towards your FMLA in the future. That is expressly prohibited by law.
     
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  15. savemyjob253

    savemyjob253 Law Topic Starter New Member

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    That is what I said they currently have me on a leave that will count towards my fmla which is wrong..... i reaches out to my HR rep she told me today she reached out to them and said there is some confusion regarding my leave and that I am on a continuous and that sedwick is going to reach out to me to correct it... so at this point im going to hold that as them being aware of what they are doing and I do not need to have a lawyer send a letter to them. Hopefully this gets straightened out asap
     

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