Suspension for Fmla related absensces

Chitowngurl · Dec 24, 2014

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.

cbg · Dec 24, 2014

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

txls · Dec 24, 2014

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

disagreeable · Dec 24, 2014

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.

Betty3 · Dec 25, 2014

Chitowngurl said: ↑

Is this legal? even though the employee in question has not used there alloted fmla time allowed for the year?
Click to expand...

Was all the time taken off FMLA time though?

ferretrick · Dec 29, 2014

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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Suspension for Fmla related absensces

Chitowngurl Law Topic Starter New Member

cbg Super Moderator

txls Well-Known Member

disagreeable Well-Known Member

Betty3 Super Moderator

ferretrick Member

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