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  1. #1
    Join Date
    Apr 2008
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    Question Fired For Using Too Much FMLA In Ohio

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

    I was just fired from my job of 12 years yesterday for using too much FMLA. The problem is I used this back in July of 07' when I had my third child. I took 8 weeks off, and the last two were denied by Short Term. I was not aware of this until I went back to work. I have had two other children and took the same amount of time off and was never denied it before. I was told by our benefits coordinator that I had 180 days to contest the Short Term but I had enough FMLA to cover it. So I didn't contest it. Now 9 months later they are telling me that I was over on my FMLA and that I didn't have enough time in July to take off, and that is why they let me go. Of course the benefits coordinator is now saying that she never told me that I had enough to cover it. My question is why did it take them 9 months to figure this out, and are they allowed to do this??::

  2. #2
    Join Date
    Feb 2008
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    1,179

    Default Re: Fired For Using Too Much FMLA In Ohio

    First, you need to look at what method they use to calculate the 12 weeks (calendar year, rolling year, etc). I suspect they use one of the rolling year methods. That said, between any two dates did you take off more than 12 weeks?

    And even if you did, it sounds VERY suspect that they waited 9 months to terminate you based on the fact that you overused FMLA (if you did). It truly sounds like retaliation based on the fact that you used FMLA. Have you had any other absences that would use up the other 4 weeks of FMLA? If so, you might have just hit the over 12 week mark and yes, they could then term you for excessive absences.

    If you haven't had other absences, I would call your local EEOC office and present the situation.

    p.s. STD has nothing to do with FMLA. FMLA just protects your job during the time off and STD pays wages during the timeoff. You can go on FMLA without getting STD (for example the last two weeks of your eight weeks wouldn't be covered under STD if your doctor cleared you to work at six weeks) and you can go on STD without it being covered on FMLA (should your disability go beyond the 12 week mark).

  3. #3
    Join Date
    Apr 2008
    Posts
    2

    Default Re: Fired For Using Too Much FMLA In Ohio

    My doctor wrote me off for the additonal 2 weeks. They sent paperwork twice. So I never understood why they denied that in the first place. But that is another situation!!!!

    I had to use my FMLA during my pregnancy as well to go to the doctor's and so forth. But I didn't think I had went over it. I guess my questions is how can you let someone come back to work, and then decide 9 months later that they used to much of it. I didn't know if I should try to fight them on this, or if it's a loss cause. I'm going to try to get unemployment, but I'm sure they will fight that also.

    Thanks for your response on this!

  4. #4
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
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    5,252

    Default Re: Fired For Using Too Much FMLA In Ohio

    Quote Quoting hr for me
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    If you haven't had other absences, I would call your local EEOC office and present the situation.
    Employers may not prevent employees from exercising their FMLA rights, may not discriminate against them for exercising their FMLA rights or fire or otherwise retaliate against employees for taking or requesting FMLA. If they do, employees should put in a complaint with the US DOL who enforces FMLA. FMLA is a federal program.

  5. #5
    Join Date
    Feb 2008
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    1,179

    Default Re: Fired For Using Too Much FMLA In Ohio

    Dangit...I always get that one mixed up! Betty is very correct....it is a DOL matter, not an EEOC matter.... I think of the "retaliation" charge under the EEOC....sorry.

  6. #6
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Fired For Using Too Much FMLA In Ohio

    You're not the only one that gets mixed up re employment/labor law - count me in.

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