Legal Question in Medical Leave in Florida

Fmla

I've been with my company going on 9 yrs. Due to some medical reasons I had to take FMLA to protect my employment. Ever since the begining I was never told how FMLA works. I do remember being told the FMLA would excuse my absences. About a yr ago, I received a letter from HR advising I had to re-certify my FMLA and that I had till a certain date. I told my HR representative that my next appointment with my doctor is two days after my FMLA ends and was given an extention. I went to my doctors appointment, got re-certified and went over my FMLA hours and is when I was made away that FMLA is calculated in hrs on a rolling calender year and they would have to write me up for that. Well they did. Then my FMLA is exausted again and they issue me a counceling and now I was issued a final noticed that one more absence or tardy and I will be terminated on the grounds that I have exhausted all of my FMLA hours. If I continue going to work is because I need to work and those days I dont feel good I'll go home. All of those absents are FMLA related and my doctor can certify that but my employer does not see it that way. Is there some type of FMLA extension that I am not aware about? Why do they always have to harass? Can they fire


Asked on 6/28/07, 4:28 pm

1 Answer from Attorneys
Jeffrey Sheldon

Re: Fmla

FMLA gives you up to 480 hours per 12 month period of job protection. You are obviously using a lot of leave. In that case, any employer of course would want the employee to be at work, not off, and they may in fact take disciplinary action if you no longer have protection. Also, they are allowed to count on a rolling basis.

However, you have the right to know how they apply FMLA. There should be a poster posted about basic rights (required), and there should be a policy explaining how they apply the rolling period. You can ask HR for the policy and/or an explanation. Then you can go back and figure out if they are right that you have exceeded your amount.

Also, when you request FMLA, the employer has an obligation to tell you if you do not have coverage. So, if they let you take leave thinking you were covered, they may not be able to take disciplinary action because you relied on their actions to believe you were protected. That is called detrimental reliance.

If you believe the company is violating the law, you can file a complaint for free without an attorney at the US DOL - see dol.gov for FMLA info.

BTW, recertification is just your doctor saying you still have the condition. It does not give you extra leave. You still only get 12 weeks in a 12 month period. (And you have to work ar least 1250 hours in the 12 months immediately preceding leave to be eligible.)

In any case, I advise that you try to work if you can. Many employees take advantage and stay out much longer than is necessary. That is unfair to the company and co-workers who have to pick up the slack. Of course, if it is a serious condition and the leave is unavoidable, then you have no choice.

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Answered on 6/29/07, 9:01 am


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