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Suspension for Fmla related absensces

Discussion in 'Human Resources' started by Chitowngurl, Dec 24, 2014.

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  1. Chitowngurl

    Chitowngurl Law Topic Starter New Member

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    Recently I have noticed that our new HR regime has been issuing suspensions for Employee's when the have used more than there allowed PTO for the year. This has been extended to employees that are on intermittant FMLA.
    One employee quit over this and another one went straight to her boss's boss to get the issue resolved.
    Is this legal? even though the employee in question has not used there alloted fmla time allowed for the year?
    I am not in HR, I am in payroll and just curious.
     
  2. cbg

    cbg Super Moderator

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    Employees cannot be disciplined for the use of FMLA. Employees can be disciplined for the use of non-FMLA time, even if they have used some time for FMLA reasons
     
  3. txls

    txls Well-Known Member

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    A person on intermittent FMLA, may be absent for non-FMLA reasons.
     
  4. disagreeable

    disagreeable Well-Known Member

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    If an employee does no request FMLA they are qualified for, they can be punished for excessive absence or and non covered absence. Some companies will automatically put you into FMLA if you have a regular illness and are out beyond your sick days. You have not said anyone that filed or requested it was punished.
     
  5. Betty3

    Betty3 Super Moderator

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    Was all the time taken off FMLA time though?
     
  6. ferretrick

    ferretrick Member

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    Also, does your company have more than 50 employees working within a 75 mile radius of this office and have all of these employees worked 1250 hours? If not, FMLA does not apply.
     

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