Results 1 to 5 of 5
  1. #1
    Join Date
    Mar 2006
    Posts
    6

    Default FMLA Absences Not Being Counted As FMLA

    Florida
    I have intermittent fmla for a chronic illness that my child has. When I call in I always tell them: What I am calling in for and that I have fmla. For the last year several of my absences that were fmla were "not coded" correctly when I called in, and thus they are being counted against me. The supervisor is suppose to document exactly what i say when I call in but what was documented was child ill on 3 different occasions. That is not even something I would say. I only get 4 absences a year (rolling year), i have 3 already and they should not be counted against me. When I told my manager she said that basically its just too bad for me because I have to tell them I have fmla when I call in (which i did, and I told her I did) she said well we really have to go with what is documented at the time of call in so it will count against you. This happened about 1 yr. ago to a coworker of mine and they fixed it. I called hr and spoke with them and they basically told me the same thing, they told me it is my word against the supervisor I called in to, and they have to go with that person. So I requested a meeting. I have done everything I am suppose to do: get the paper work, have my doctor fill it out, return it, call in for fmla covered reason, and it is still counted against me. Its not bad enough that I have a child with a severe chronic illness but then I have to stress and worry about this. I really feel like this could be intentional, and I am sure my rights are being violated. I am really trying to get this resolved with my employer, but they r not being very receptive. What can I do?

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: FMLA Absences Not Being Counted As FMLA

    not real sure what the problem is. Leave time you have accumulated can be required to be used when utilizing FMLA leave time.

  3. #3
    Join Date
    Mar 2006
    Posts
    6

    Unhappy Re: FMLA Absences Not Being Counted As FMLA

    Quote Quoting jk
    View Post
    not real sure what the problem is. Leave time you have accumulated can be required to be used when utilizing FMLA leave time.
    Not counted against my time off (leave time) but counted against the absence policy. So if I get two more absences I will be demoted, and loose a lot of pay. They are counting my fmla call ins as regular call ins, and only get 4 absences a year.

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: FMLA Absences Not Being Counted As FMLA

    all you can do is report the absences as FMLA leave. If they take adverse action due to the leave, you can file a complaint with the federal DOL.

  5. #5
    Join Date
    Mar 2008
    Posts
    176

    Default Re: FMLA Absences Not Being Counted As FMLA

    1. the best suggestion is to place your concerns in writing to your supervisor, then cc your manager and hr. let them respond back to you and also indicate that you can supply documentation from your child's doctor if need be. most companies do not know how to follow the rules on fmla esp when it comes to intermittant leave. you can also contact the department of labor and speak with them. they do have a ton of information on their website.

    1. Sponsored Links
       

Similar Threads

  1. Harassment: Schedule Change Due to FMLA Absences
    By Np203 in forum Employment and Labor
    Replies: 2
    Last Post: 04-26-2011, 07:17 AM
  2. Medical Issues: FMLA And Lay Off
    By maykhala in forum Employment and Labor
    Replies: 5
    Last Post: 03-10-2008, 07:44 PM
  3. Medical Issues: Medical Absences And FMLA
    By tactac in forum Employment and Labor
    Replies: 9
    Last Post: 02-27-2008, 08:42 PM
  4. Disabilities and Accommodation: FMLA Help
    By patrewil in forum Employment and Labor
    Replies: 1
    Last Post: 04-26-2006, 05:16 AM
 
 
Sponsored Links

Legal Help, Information and Resources