FMLA

MAF

Employee was just terminated due to excessive absences. Employee had made claims that in renovation work fumes from chemicals made them ill. Doctor agreed. Employee missed 8 weeks first time due to ongoing renovations. Employee was involuntarily tranfered to new location were employee then missed several more weeks due to exposure to sewer gas at work location. Leave was unpaid. Doctor again agreed with absences. Employee claimed disability from RADS. Doctor comfirmed. Employee asked for accommodations, accommodations denied and employee filed grievances. Employee was terminated. Employee was never placed on FMLA, it was never offered. Employee's disability letter was accepted by employer for several months and then employee was told they didn't have disability. Employee initially got some accommodation and then they were taken away. Employer has no HR dept. despite employing over 4000 employees. Does employee have the right to file charges with EEOC? Should employee have been allowed FMLA?

Gillian

We are reading just one side of a story, but probably yes on both counts - workers comp issues also.

Pork

EE always, always, always has the right to file and claim anything, anything, anything he or she wants to claim through EEOC. If your FMLA published policy is aligned to be concurent with W/C there would not be any additional time required. If your policy, like ours does not run concurrent and there is no intent by our owners and managers to make them run concurrent, then most likely FMLA could be required for offer and designation. Illness on the job from smells is normally a W/C claim, take your advice from your carrier and follow your policy or handbook for employees. It reads like you may have a very liberal physician, you may want to get additional physician opinions on the ee illness. Good luck, Pork

MAF

EE has documentation to prove sewer gas through report to OSHA. Building had construction defects that had sewer gas pipe to0 close to air intake, also exhaust from laboratories too close to other intake. Employer also admitted dried up condensation drains caused large amounts of sewer gas during heating season. Employer never filed first accident report even though employee was taken out by ambulance on at least one occassion. Dr. is not liberal. Both Drs. extremely qualified in particular fields.