Fired after FMLA no way!!!

Previous | Next
 rated by 0 users
Latest post 01-08-2007 1:42 PM by LynnM. 12 replies.
  • 01-05-2007 7:35 PM

    • Tee2
    • Not Ranked
    • Joined on 01-01-2007
    • Posts 8

    Sad [:(] Fired after FMLA no way!!!

    After taking 12 weeks FMLA, I was let go. Working in HR for the past 7 years I know some of my rights, but then again doubt others, so can someone please help me? Here's the situation:

    Took FMLA for 4 weeks and received the employer response ppwrk approving the leave. Extended my leave by another 8 weeks and was never sent the employer response ppwrk designating FMLA. I am the leave of absence/FMLA person in HR, so my guess is that they did not know what they were doing and forgot to send me the ppwrk. After the 12th week, my dr. provided documentation to extend my leave another 12 weeks. Knowing the firm's history with approving discreationary leaves to all sorts of employees, I thought forsure my extension for discreationary leave would be approved, but it wasn't. They stated that the HR dept was suffering without me and that they decided to change up my position and give it a new title: HRIS/Benefits Specialist. Knowing that I am not an HRIS person, I would no longer qualify for the position, let alone that they do not want me back. Are they discriminating by offering discreationary leaves to other's and not me? Keep in mind, that my perfomance was excellent and I received 2 promotions in 2 years.

    Also, do I qualify for unemployment following my recovery of disability if I am able to work and can't find work?
  • 01-06-2007 2:30 AM In reply to

    • cbg
      Consumer
    • Top 25 Contributor
    • Joined on 12-21-2000
    • MA
    • Posts 6,828

    re: Fired after FMLA no way!!!

    The maximum length of time the law protects your job is 12 weeks. Once the initial 12 weeks is up, they have no legal obligation to extend it, regardless of what they may have done for others, unless you have a bona fide, enforceable contract that says otherwise.

    To have a valid discrimination claim, you need a valid and supportable reason to show that you were not granted an extension while others were, BECAUSE OF your race, religion, national origin or other protected characteristic.

    Your performance or your promotions do not enter into this. The law does not differentiate between good and poor performers.
  • 01-06-2007 2:32 AM In reply to

    • cbg
      Consumer
    • Top 25 Contributor
    • Joined on 12-21-2000
    • MA
    • Posts 6,828

    re: Fired after FMLA no way!!!

    Sorry, I missed the unemployment question. Once you are medically released to work I see no reason why you should not be able to collect unemployment. However, since UI requires that you be able to work, actively looking for work and available to accept work if offered, you will not be eligible until your doctor gives you a medical release.
  • 01-06-2007 10:37 AM In reply to

    Feedback [*=*] Way

    You wanted six months of leave time. It's not hard to understand why your employer decided they couldn't grant that. If it had only been another week or two, they might have agreed to the additional time.

    Nothing illegal has occurred.
  • 01-07-2007 9:39 PM In reply to

    • Tee2
    • Not Ranked
    • Joined on 01-01-2007
    • Posts 8

    Question [=?] re: Fired after FMLA no way!!!

    What about the fact that they did not put me on FMLA notice for the second extension, which is 8 weeks? I am quite familiar with the FMLA guidelines and laws, and if my memory serves me right, FMLA time can not be counted against you unless it was designated as FMLA time and I never received an Employer Response to my request for FMLA...
  • 01-07-2007 9:40 PM In reply to

    • Tee2
    • Not Ranked
    • Joined on 01-01-2007
    • Posts 8

    Question [=?] re: Way

    What about the fact that they did not put me on FMLA notice for the second extension, which is 8 weeks? I am quite familiar with the FMLA guidelines and laws, and if my memory serves me right, FMLA time can not be counted against you unless it was designated as FMLA time and I never received an Employer Response to my request for FMLA...
  • 01-08-2007 7:17 AM In reply to

    • Cica
      Consumer
    • Top 25 Contributor
    • Joined on 09-23-2003
    • Posts 6,520

    re: Way

    "Took FMLA for 4 weeks and received the employer response ppwrk approving the leave. Extended my leave by another 8 weeks and was never sent the employer response ppwrk designating FMLA...What about the fact that they did not put me on FMLA notice for the second extension, which is 8 weeks?"

    One FMLA stipulation: "An employer may require medical certification of a serious health condition from the employee's health care provider." MAY require...I'm not reading it as MUST require.

    Perhaps THEY considered the extended eight weeks leave as continuation of your FMLA without forcing you into formalities. The requested twelve weeks additional leave was probably then viewed as excessive absenteeism.
  • 01-08-2007 9:35 AM In reply to

    Disagree [)*(] re: Way

    You're not as up to date as you think. A landmark DOL decision several years ago made it clear that as long as the employer was at least as generous as the FMLA requires, then the lack of notifying the employee that their time would be attributed to their FMLA entitlement is irrelevant. They provided you with 12 weeks of leave. That's all they had to do.
  • 01-08-2007 11:35 AM In reply to

    • cbg
      Consumer
    • Top 25 Contributor
    • Joined on 12-21-2000
    • MA
    • Posts 6,828

    re: Fired after FMLA no way!!!

    Suggest that you go back and read Ragsdale v. Wolverine, a US Supreme Court case from 2002 which clearly states that lack of notice that time was being attributed to FMLA does NOT result in your being due more time off, unless the lack of notice results in your receiving less time than you are due under the law.

    They have NO obligation under the law to extend your FMLA beyond 12 weeks.
  • 01-08-2007 12:42 PM In reply to

    • Tee2
    • Not Ranked
    • Joined on 01-01-2007
    • Posts 8

    re: Way

    "Your're not as up to date as you think."

    Thanks for the info, but settle down, I am NOT a lawyer and never claimed to be. I handled 100 LOA claims for this firm and this siituation never came up, cause like I said, they would honor 6-12 month additional discreationary leave for lots of ee's.

    Geez, just the info next time and not all the sarcasm please.
  • 01-08-2007 12:43 PM In reply to

    • Tee2
    • Not Ranked
    • Joined on 01-01-2007
    • Posts 8

    re: Fired after FMLA no way!!!

    You have been SO helpful, thank you so much for the info and your patience. Have a great day.
  • 01-08-2007 1:12 PM In reply to

    More [=+=] re: Way

    That wasn't a sarcastic remark; just a statement of fact. You were out of loop on a major FMLA determination.
  • 01-08-2007 1:42 PM In reply to

    News [|*|] re: Way

    You are reading sarcasm where there is none. The fact is, you didn't know about the case she mentioned - that's all she was saying.

    You are entitled to 12 weeks MAX. After that they can let you go.
Page 1 of 1 (13 items) | RSS

My Community

Community Membership New Users: Search Community