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will someone please help me understand what to do?

Discussion in 'Medical Leave & Disability' started by pinkndngirl, Jan 23, 2012.

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  1. pinkndngirl

    pinkndngirl Law Topic Starter New Member

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    Hello, well in a nut shell I work for the federal government. About August of 2011 I had been getting rather ill treatment from my supervisor for calling in within 10-15 minutes before my shift requesting FMLA. She always harassed me on the phone, and made me feel so horrible about not feeling good. Then she would pressure me into a time when I could come in. I dealt with this behavior, until about the end of August when I had gone to the bathroom, and upon my returning to my work area my supervisor came up to me asking (in front of all my other co-workers) where I had been for the past 23 minutes. I explained I had gone to the bathroom, (part of my FMLA) and that I had actually only been gone about 10 minutes. After dogging me in front of everyone, she asked which bathroom I had gone to. I jokingly said, "would you like me to SHOW you"? She answered yes, and told me to grab my items, and she would follow me. I did as I was asked, and walked her to the bathroom I had gone to. She then asked to see which stahl i was in. Again I complied. She giggled, then after humiliating me, told me I needed to do an evaluation on myself because obviously I couldnt work if I had to take time out of the day to use the bathroom. She then stated if I needed to go to the bathroom on work hours, she would charge me FMLA so I would use it all up. Again, even though I was totally humiliated I tried to just go on...as stress only makes matters worse for my physical conditions. The end of August.begining of September 2011 she called me into the office, closed the door, and placed a piece of paper in front of me. It looked like a write up but she called it a 'written discussion". She actually WroTE what she did, and I too wrote my side. We both signed and dated it. Now this is in my file, and on top of that she also stated that I am taking FMLA too close to the weekend, or holidays. I went to my Union, and asked for that to be removed from my file, and for a written apology from her. Well, now it coming to the end of January, and the Union recieved a statement from another manager about my case. He too wrote down and signed saying that managment has every right to stop any pattern I have whether it is FMLA or not..........and he saw nothing wrong with my suoervisor's actions! I need help..............I am so so stressed out, and mentally I dont feel like my work place is a good place.....I am depressed, totally afraid to call in FLMA, or to use it. I go home in tears everyday....I worry every day what is going to happen to me everyday. What are my options? I do have my supervisor recorded harassing me about my FMLA, and i also have both documents signed and dated by managment. Please, I am at my wits end.....as if feeling bad because I DO have physical problems now I have to worry all the time, and watch my back. Please, anyone have ANY idease for me??? Thank you so much for your time, even if you just read my post..........something has to give here..........thank you, PinkNDN
     
  2. army judge

    army judge Super Moderator

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    You require services, we at this website, are unable to render.

    I suggest you have a lengthy discussion with your union officials.

    If they are unable (or unwilling) to assist you, your only recourse would be to speak with a labor relations or employment attorney.

    Your union should be able to refer you to a couple in your (or near) your area.

    Good luck!

    This website belongs to the DoL.

    You might be able to discover things that could be of value in your situation.

    http://www.dol.gov/compliance/laws/comp-fmla.htm

    Don't expect miracles from FMLA, it is, like most things a "paper tiger".

    Unless your CBA provides for additional benefits (your union will be able to tell you), FMLA won't give you much solace.

    You need to understand what FMLA provides.

    Your Human Resource Rep should be able to help you, (or your union rep.) better understand what rights you have under FMLA!



     
    Last edited: Jan 23, 2012
  3. pinkndngirl

    pinkndngirl Law Topic Starter New Member

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    Just wanted some guidance

    Thank you..I know I cant ask for legal advice....rather wanting to know if this would be concidered a violation against FMLA? It seems like no one (My union, my equal employee office, etc) has any information for me......my Union has said that just these 2 written items are pretty much admission of wrong doing, and they want to elevate this. I just want to know before I continue...if this is even VIewED as a violation? There really is no point for me to try to get answers, or help if they really aren't concidered to be doing anything wrong..........really just want to know..........does it sound like I SHOULD continue fighting...or is my employer correct...and they CAN harass me........and embarass me over my FMLA?
     
  4. disagreeable

    disagreeable Well-Known Member

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    You need to contact the disability coordinator in your branch of the government. They should be able to assist you in coordinating things your doctor feels you need, to succeed in your position.
     
  5. cbg

    cbg Super Moderator

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    my supervisor came up to me asking (in front of all my other co-workers) where I had been for the past 23 minutes. I explained I had gone to the bathroom, (part of my FMLA) and that I had actually only been gone about 10 minutes.

    FMLA is leave time - unpaid leave. This sounds as if you are talking about an ADA accomodation. Using the bathroom is in no way covered under FMLA.

    Do you also have an accomodation under the ADA?
     

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