Legal Question in Medical Leave in Kentucky

i was in intermittent FMLA for my daughter who was diagnosed with a life threatening illness. i used the have used my FMLA thru Metlife since approx. 2009 without ever exhausting all twelve weeks of FMLA allowed within a calendar year. i took time off around March of 2010, and while off for FMLA, i was contacted via phone but my supervisor stating that she was contacted by the HR dept of my employer that I had exhausted all twelve weeks of my FMLA and that i was to return to work the following day. i tried numerous times to find out when i would be eligible to re-apply for FMLA for my daughter since i am the only person who is her caregiver and can take her to and from Dr. aoots. i was able to finally contact someone in my H.R. depart who directed me to Metlife to find this info out. i contacted Metlife regarding the next time i would be come eligible and was told by a Metlife rep. that i was eligible at that present time and i had approx 227 hrs available. i had Metlife email me information @ my work email and forward this info to my supervisor. At a later date i found out thru Metlife that i had never exhausted any of my FLMA in the year of 2010. From the month my supervisor contacted me at home informing me that i had exhausted all of my FMLA, i had accrued occurances due to my absences from work due to my daughter's illness. This brought me to a final written warning. i tried to get the occurances taken off my record due to having active FMLA at that time and time taken off was due to my daughter. i was told by my H.R. director he does not handle this. i had to miss two weeks in Jan\10. On the day i returned to work, i was notified that i was to have a meeting with my supervisor and the director of the corporation i worked for. i was informed at that time that i was being terminated immediately. i asked on what grounds, and it was stated that due to the amount of work i have missed. i explained that i had FLMA i used and still had FMLA hours available. The director informed me that i had accrued occurance in between the months that i did not have FMLA due to my FMLA being exhausted. i explained to the director that i did indeed have FMLA coverage for those months that i had accrued the occurances and i could prove this. He stated to me that he was not interested in that time period and they needed someone to report to work on a daily basis. What recourse , if any from a legal stand point do i have? i would like to weigh my options. I am a single parent with a child with a life threatening disease and i do not want this happening to anyone else. i thought FLMA was put into action to protect ones jobs when situations as this happens to a family member. Thank you for your time.


Asked on 1/26/11, 9:03 pm

1 Answer from Attorneys

Andrew Dutkanych III Biesecker & Dutkanych

From your description, it sounds like you have a strong claim for interference with your rights under the FMLA. You should contact an attorney directly for assistance and representation. If you would like, you may contact me at the number in my profile or at [email protected]. I would be happy to discuss the possibility of assisting you in this matter.

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Answered on 1/27/11, 5:43 pm


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