Terminated Before FMLA

[Jeffriesmb@yahoo.com]

My question involves labor and employment law for the state of: Florida/Texas

I was working overseas for the approx 4 years for an extremely large company. I fell ill and it required surgical interventon. I had the surgery and was released by my docotors and by the compnay medical staff in less than 90 days. I kept in contact per the policy to keep my home office and my office onverseas informed as to what my status was. They have refused/ignored my calls emails up until a month ago when I was inforemd they would not need me back overseas. This all fell within 90 days time frame.
I am not sure if I have legal grounds to stand on or what. But what I do know this has never happened that I know of to other individuals, I was in lower managment, I havnet looked for a job due to the fact that I expected them to return me to work and now its too late.

I honestly have no idea where to turn now.

[PattyPA]

Since you did not physically work in the U.S., I'm not at all certain that FMLA would be an option for you anyway, although you're certainly free to contact the federal DOL and ask that question. If there is a suspected FMLA violation, that would be the agency to contact anyway.

Did you have an employment contract?

[cbg]

Just out of curiosity, were there 50 or more employees within 75 miles of your location?

BTW, FMLA is for 12 weeks, not 90 days.

[Betty3]

Q. We are a government contractor that will send some of our employees on international assignments that could last up to two years. When our employees work outside the United States, are they covered by the FMLA?

A. Most U.S. employees working overseas for U.S. employers are not covered by the Family and Medical Leave Act (FMLA), according to the Department of Labor (DOL).

A DOL opinion letter states: "The Department of Labor administers the FMLA only with respect to employees employed in the United States, including the District of Columbia and any territory or possession of the United States. Therefore, employees stationed full time overseas in a foreign country on one- and two-year employment contracts would not be eligible for the benefits of the FMLA while working overseas."

If your employees are assigned to any of the current U.S. territories--including American Samoa, Guam, Midway Islands, Puerto Rico and the U.S. Virgin Islands--they would be covered by the FMLA.

The basis for the DOL opinion letter may be found in section 29 C.F.R. [section]825.105 of the DOL regulation on the FMLA. The regulation, which outlines steps to determine whether an employer is covered under the FMLA, specifically states that the "FMLA applies only to employees who are employed within any State of the United States, the District of Columbia or any territory or possession of the United States. Employees who are employed outside these areas are not counted for purposes of determining employer coverage or employee eligibility."

Therefore, employees working outside of the United States and its territories, as described above, would not be covered by the FMLA.

[Jeffriesmb@yahoo.com]

Over 50k employees overseas. An american company. Let me give a more detailed breakdown.

May 07 I was diagnosed with kidney stones in R/s and a staghorn calculi on l/s. I returned home and had the r/s removed the left side posed no issue, my doctors and company released me for work. I returned to work in less than 20 days. This happened again in Oct 07. and again I was allowed to return with the staghorn in place.

June of this year I was home and became ill due to complications of the L/s staghorn. I had the surgery to remove it. in all it was less than 12 weeks, used 90 days as equivilant of 3 months sorry about the 6 extra days, and was expected to return to work upon clearence.

I was cleared by all parties to return 10 Sep 08. I recieved no response indicating either way until 1 Oct 08. I finally got a response as the fact my position had been filled approx 12 Oct 08.

I was informed that A search would be conducted to find me a job at same paygrade. When and if that failed I would be offered a job at a lower payscale. I also had several Managers and project managers issue request for my return. The company has quit talking to me and have basicly ignored my request to have my personal belongings sent to me. I tried their employee assistance program and heard nothing. I tried to go through their DRP program and no repsonse. It is as if they have ignored/forgotten about me or do not care.

Yes, I am worried I never even looked for a replacement job as I was under impression I was going to return to work, I was either going back at same pay grade or lower paygrade but I was going to return to work.

Now that they have informed me I am no longer going back I am in a scramble. I was wondering if there were any legal options at all for me.

Best regards,
Suddenly Jobless

[Betty3]

Since you worked overseas for an American company, it seems as if FMLA would not apply per the DOL opinion letter.

I don't know of any legal recourse unless you had an employment contract guaranteeing employment.