Legal Question in Medical Leave in Michigan

FMLA questions

I became ill 11/29/06 I missed days through the month of December. I had provided Doctor notes for all and kept both of my supervisors aware of the situation. I was told ''no problem'' ''just keep them informed''. In January results from tests required additional tests. I was call into a meeting with both supervisors and was asked ''Would I continue to be up to doing my job duties?'' I answered ''then, yes, but they would be the first I would let know if I couldn't.''. Two weeks later as I had returned from being off for two days, I had the feeling I was in the process of being replaced. I had spoke to my Doctor and she told me to request a FMLA. I did that day, faxed it to my Doctor, who faxed it back. I turned it in to HR. After my two supervisors found out, they had a meeting with HR and said my job preformance was poor and they wanted to let me go. They were told by HR ''To bad, they should have sent me to HR when I first became ill. After this, I received a horrible review and am treated badly while I am at work, told how my work sucks, ect. HR is including the time time off prior to the FMLA request in my 12 weeks and is requesting specific info that my Doctor is unable to provide due to my illness still being undiagnoised. Can they

Asked on 2/18/07, 7:35 pm

1 Answer from Attorneys

James R. Becker, Jr. Becker Law Firm
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Re: FMLA questions

Your question was cut off before it could get to the end. However, your employer can count all of the time as FMLA time if it qualifies for FMLA leave. This is contrary to the regulations, but is an area that the courts have changed.

An undiagnosed illness can still qualify for FMLA leave, so that should not be an issue for the employer. Of more immediate concern is that your employer is apparently attempting to create a reason for termination. You need to consult with an attorney to get some guidance on how to address this situation and how best to protect your employment.

If you have some additional questions, please feel free to contact me at jbecker@memphisemploymentlawyer.net.

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2/18/07, 9:20 pm

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