FML Not Offered
C Wilson
122 Posts
[font size="1" color="#FF0000"]LAST EDITED ON 10-19-06 AT 01:25PM (CST)[/font][br][br]My daughter works for a national retail chain. She was hired when she was four months pregnant. When she went out on leave, she was given FMLA paper work to fill out which she did. She clearly had not met the requirements for FMLA.
She has now been back at work for 5 months and has past her one year anniversary date. During the last week of August her baby had a serious ear infection which required her to go to the doctor for antibiotic injections for four consecutive days. She was refered to a specialist and on Sept. 7 the baby had out patient surgery to have tubes put in her ears.
At the end of September my daughter was written up for missing too many days. Shouldn't the employer have offered FML for this?
She has now been back at work for 5 months and has past her one year anniversary date. During the last week of August her baby had a serious ear infection which required her to go to the doctor for antibiotic injections for four consecutive days. She was refered to a specialist and on Sept. 7 the baby had out patient surgery to have tubes put in her ears.
At the end of September my daughter was written up for missing too many days. Shouldn't the employer have offered FML for this?
Comments
We would need to know the date of her one year anniversary and if she got her 1250 hours in. It sounds like the medical condition would qualify. Also, does the retail chain have 50 EEs within 75 miles?
If she did cross her anniversary before this event, it looks like FML applies.
>
>We would need to know the date of her one year
>anniversary and if she got her 1250 hours in.
>It sounds like the medical condition would
>qualify. Also, does the retail chain have 50
>EEs within 75 miles?
>
>If she did cross her anniversary before this
>event, it looks like FML applies.
Her anniversary date was 8/24/2006 & she did have in her 1250 hours & yes there are 50 employees within 75 miles.
I don't want to unreasonable chide this EE, but if the employer does not know about the issues, it cannot make a call regarding FML. That is why the notices are posted and why lots of companies conduct trainings.
She should contact HR and provide the info - then let them make the call regarding the write-up.
>she notify the company regarding the medical
>issues?
>
>I don't want to unreasonable chide this EE, but
>if the employer does not know about the issues,
>it cannot make a call regarding FML. That is
>why the notices are posted and why lots of
>companies conduct trainings.
>
>She should contact HR and provide the info -
>then let them make the call regarding the
>write-up.
To my knowledge the company hasn't done any training. My daugher did keep the store manager informed of the baby's condition and took in doctor's notes for each day she missed and that surgery was going to be required. The store manager was out of town when my daughter received the write ups from one of the assitant managers.
I believe there are legal cases that will back me up.
Nae
She should get the paperwork from the company and have her doctor fill it out, present this certification to HR and ask for the write up to be nullified.
There was no FML when she gave birth because she had only been working 5 months. Any leave granted then was some other form of leave, not FML.
When a company stretches the FML parameters, it is increasing it's risk profile for more and more leave, or, increases the risk of administering it differently for some than others. Once that happens, Title VII actions and FML interference are more and more likely to happen. Then the big checks are not far behind.
They would have to go back and look which would be before eligible, but she actually took time off.
Just a thought. Not saying right or wrong. Not sure how I would handle this.
E Wart
Nae