Wrongful termination over fmla

[Moosehead]

I recently went to China to adopt a girl. I know that adoption is covered under FMLA. When I informed my employer that I needed to go and asked about FMLA, I was told I didn't need to file and it would be no problem. I had nearly 2 weeks of paid time off, and I stated that I would need the 2 weeks plus 1 shift off, they again said that it was no problem and I just needed to take a leave of absence. I took their advice and went to China on a leave of absence. When I returned, I was told I was fired because I took time off when I didn't have enough PTO hrs to cover it. Is this a violation?

 

[jacksgal]

So you did not take FMLA. You agreed to use your existing PTO? You advised them that the trip would go "one shift" past your PTO? How far past the expired PTO did you go? One shift or more? Did you call to advise them you were going past the one shift mark? (if the case)

 

[Moosehead]

They were aware ahead of time that I would be gone for the one extra shift without PTO ahead of time. I arrived home the day after that shift and a day before my next one. They requested that I call when I returned home, and I did and they advised me that I was fired. When I asked why, they said because it was against policy to take a day off without available PTO, unless it was due to an emergency or illness.

 

[Patricia_Young]

What did they mean by "you didn't need to file" for FMLA leave?

 

[Moosehead]

They said I didn't need to apply for FMLA because most of the time off was covered by PTO and that I just needed to take a leave of absence. They said that since only one shift would not be paid, FMLA was not necessary. Should I have insisted in getting FMLA anyway?

 

[Patricia_Young]

Yes, and they were required to at least provisionally designate your leave as FMLA, whether you had paid time off to cover your absences or not.

Contact the federal Dept. of Labor, which enforces the FMLA.