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  1. #1
    Join Date
    Jun 2009
    Posts
    2

    Default Fired for Not Being Responsive Enough While on FMLA

    My question involves labor and employment law for the state of: New Jersey

    To make a very long story short, I was let go by my employer while on FMLA/maternity leave. I was not provided with any reason, but have come to find out (through the process of attempting to obtain unemployment benefits) that they did not feel that i was sufficiently responsive while on maternity leave. I was contacted several times, and responded in a timely manner each time--there was one time where it took a few days to respond, however, this was very shortly after the birth of my child, and medical issues prevented me from responding immediately.

    I am in the process of contacting employment lawyers, but in the interim, I am trying to find out if it's even legal for them to have contacted me (sometimes several times per day for minor issues if I did not respond immediately) while on FMLA/maternity leave, and if so, what the guidelines were. Any input would be appreciated. TIA.

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    64,865

    Default Re: Fired for Not Being Responsive Enough While on FMLA

    Why wouldn't it be legal for them to contact you?

    Were you paid for the work you performed during that time?

  3. #3
    Join Date
    Jun 2009
    Posts
    2

    Default Re: Fired for Not Being Responsive Enough While on FMLA

    Quote Quoting Mr. Knowitall
    View Post
    Why wouldn't it be legal for them to contact you?

    Were you paid for the work you performed during that time?
    I was not paid during this time, and I had spent a great deal of time transitioning all of my work in a clear manner to others in positions equal to mine.

    Several people have mentioned to me, and numerous articles I have found written by prominent law firms (such as McDermott Will and Emery) specify that there are guidelines regarding the contact an employer may have with an employee while out on FMLA, but do not give exact information as to the details--I was just seeing if anyone had more info on this.

    I was literally being contacted many times per day for trivial issues while in the hospital , to the point of harassment (one example: numerous times, someone with whom I'd left a detailed file list called nearly every hour to ask me where a particular document or file was located--my response was "did you check the file per my list?" and they said "oh, right, I should do that". One person in particular became hostile to myself and my assistant when, less than 48 hours after having major surgery, after being contacted no fewer than 6 times during that 48 hours, it took me 2 days to respond to a minor question. If an employee is out on previously approved, unpaid medical leave, it seems to make sense that such employee should not have to make him/herself available 24 hours per day to field questions that could easily be answered either by checking the detailed memo left by that person or otherwise--I was just wondering what statutory or other authority, if any, might provide for such protection.

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