Sign writes up for missed days due to FMLA

[JeffSanders]

My employer is asking me to sign write ups for intermittent FMLA that I am taking.It is a standard write up form.The form says employee called off scheduled shift due to FMLA,it doesn't state that I am in any trouble.They say the reason they are doing this is to keep track of how many days I take.Should I not be signing them? Can they take these days against me when it comes time for our annual review?The reason I ask is because I thought FMLA protected you from being reprimanded for days off you had to take off.

 

[army judge]

They appear to be accounting for your days missed under FMLA.

It might hurt you not to sign it.




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[JeffSanders]

Yeah that part I figured but for them to put it on a Disciplinary Form?

 

[army judge]

Yeah that part I figured but for them to put it on a Disciplinary Form?

That seems odd.
Ask your HR manager what the significance of that is meant to be.


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[cbg]

And then come back and tell us what she says. I'd be very interested to hear how she justifies that.

 

[JeffSanders]

Our HR is about as helpful as talking to a brick wall...They have no answers..

 

[concerned113009]

i am not a lawyer
That sounds strange. Companies dont write you up to remember the days you took off they by calenders and write notes about the days. Usually in my past experience at least when you get a write it counts against you and after so many write up they can fire you with good reason. here they have you admitting that you are doing something habitually that they can write you up for and you know it. If you are in a union talk to your rep asap

 

[JeffSanders]

Yeah these are the write up forms but have FMLA written on it...As an example...Jeff Sanders called off scheduled shift "insert date here" due to FMLA...thats all that is written on it...Then when asked to sign I would sign but then put lines through any open lines so things could not be added later....We aren't unionized...

 

[army judge]

Yeah these are the write up forms but have FMLA written on it...As an example...Jeff Sanders called off scheduled shift "insert date here" due to FMLA...thats all that is written on it...Then when asked to sign I would sign but then put lines through any open lines so things could not be added later....We aren't unionized...

This just seems to be a way to capture and record the days you missed using FMLA.

They aren't very sophisticated with their forms, and seem to be using one form for more than one purpose.

 

[cbg]

If this is simply to track your FMLA time, it's okay.

If there is any intent to discipline you because you took FMLA time, it's not.

Why don't you try writing yourself on a plain piece of paper or on a piece of company letterhead, I, Jeff Sanders, missed the following shifts due to FMLA, list them, date and sign it, and give it to them. Tell them you have no objection to having a written record of your FMLA time since that protects both you and the company, but that since it is illegal for them to discipline you for taking FMLA, you object to having it on a disciplinary form and offer this in its place.

If they take it, fine. If they insist on having it on the disciplinary form, I'd take it up with the US DOL.

 

[theretoo]

I am in the midst of a lawsuit, partially due to similar circumstances. I was written up and told by HR that I have an attendance problem due to my use of FMLA and at least 3 corrective action letters from my manager telling me that I would lose my job if I used any further FMLA time. This was while using intermittent FMLA, in time frames of say half an hour to an hour, that were approved, by the company's 3rd party administrator. I was then threatened with my job (and subsequently simply not allowed to return) from FMLA and disability leave, then they denied 2 periods of 30 day FMLA requests for no known reason other then to discriminate against me.
I was very happy to have it all in writing, as that is what my lawsuit is based on (interferance and retaliation). Let them do it and have your attorney handy.