Fmla Denied

[Brwneyedchica]

I posted several months ago about how I've been feeling poorly and how I've missed alot of work and that my boss had mentioned that i'd missed more than the allotted FMLA time and that I should have my specialist fill out new more in depth paperwork. So of course I breathed a big sigh of relief when he filled out my paperwork stating each specific symptom and how I'm not able to work more than 20 hours a week at this time. I got a notice today that my FMLA was denied because from last July to this July I've worked 1059 hours instead of the needed 1200 hours. So it looks like they want to fire me on a technicality and say that all the time i've missed is not covered and fire me. Can they do this? It makes me furious that I have a legitimate chronic illness which is well documented that I told them specifically about when they hired me and they want to fire me. I guess the administrators are having a meeting about it on wednesday. I'm so tired of getting punished for being sick.

[Babettegall]

What a big bummer this is! And totally frustrating to boot!

It sounds like the meeting Wednesday will be an "all or nothing" meeting, huh?! I hope they find in your favor!

At any rate, the FMLA rules and regulations are fairly clear. How your employer chooses to 'count' your time toward your eligibility is another.

The days you missed from July '05- '06, were they paid or unpaid? Did you utilize or were you eligible for any vacation or paid time off? The total number of hours worked during that time period (1059 vs 1200) were those hours including the hours you weren't able to make it into work because of your illness? Another big question is, are you an hourly employee? Did your employer provide you with a copy of the employee handbook at the time you accepted the position? Their technicality might actually be in your favor, if there's more information you can provide.

Let me know, okay - and I'll see what I can find out for you, or maybe locate another avenue to pursue?!

[Brwneyedchica]

Babs,

The days I missed were paid and also unpaid...they paid me when I had the actual sick time and vacation time available and then it was called "non paid FMLA" above and beyond that. I believe the 1059 was the actual amount of hours that I worked and the 1200 is the amount of hours you have to work to be eligible. I am an hourly employee and there was an employee handbook given out when I first started my job. I'll have to dig it out but I know it doesn't get specific about all these little regulations about hours worked and such.

[AJVDK]

Hello,

I was on FMLA leave before I left the company I worked for and it ia 1200- 1250 hours you must work in 365 days to beable to receive FMLA. Here is some info that might help:

Family and Medical Leave Act

Home ? Employment Law ? Family and Medical Leave Act ? Family and Medical Leave Act

Found at: http://www.legal-definitions.com/employmen...l-leave-act.htm

The Family and Medical Leave Act of 1993 (FMLA) entitles a covered employee to take up to 12 weeks of leave in a 12-month period for the birth or adoption of a child, or the "serious health condition" of the employee or the employee's child, spouse, or parent. To protect this right, the FMLA prohibits an employer from interfering with an employee's attempt to exercise his leave right or retaliating against an employee for opposing practices made unlawful under the FMLA. If an employer engages in these prohibited acts, the FMLA allows any one or more employees to bring suit for damages.

The Family and Medical Leave Act covers employees who have worked for a covered employer for at least 12 months and for at least 1,250 hours during the previous 12-month period. A covered employer is any person engaged in commerce or in any industry or activity affecting commerce who employs 50 or more employees for each working day during each of 20 or more calendar workweeks in the current or preceding calendar year.

The Family and Medical Leave Act entitles employees to retain any employer-paid health benefits while using FMLA-protected leave. Upon return from FMLA leave, an employee must be restored to the employee's original job, or to an equivalent job with equivalent pay, benefits, and other terms and conditions of employment.

In addition, an employee's use of FMLA leave cannot result in the loss of any employment benefit that the employee earned or was entitled to before using FMLA leave, nor be counted against the employee under a no fault attendance policy.

Found at: http://www.legal-definitions.com/employmen...l-leave-act.htm

[jhjd]

I'm sorry, but I think they're probably right about the FMLA, which *****.

However, have you looked at any possible issues under the ADA? Have they refused your requests for accomodation besides time off work? Also, you said that they hired you with an understanding of your medical condition- did they tell you at that point that it would be okay? These are all issues that, if you choose to pursue it, a local lawyer may be able to help you with. In addition to the federal remedies, some states have greater protection/fraud laws in place. I don't know your situation or your local law, but I'd say it may be worth a consultation with an employment lawyer- try contacting your local bar association or disabilities advocacy program for a reference to somebody specializing in disability/employment law. They can tell you what your options are and if it's worth pursuing a claim of some sort.

Good luck!