Can my supervisor pull my time sheet and repremand me about my FMLA time?

Back in June, my new supervisor(but worked here for years) had my co-worker go to personnel and ask for my last six months of timesheets. Then my sup called me into her office, and started showing me and telling me about I was out here and there, and so on. These times were FLMA approved.I sat quietly and when she finished, I told her that she should not be trying to repremand me about my time, because it's FLMA approved. She got really angry and said, well, personnel told me that I can demand that you said FLMA when you call or when you request time off. I said OK and left. By the way, the Sup's assistant was sitting at his desk, but he did not interfere. Now she just picks at me with things like how I full out my timesheet, she won't answer my upward mobility request, she won't answer my flextime request, and said no to a training request. She ask my co-workers about me when I'm not here (is she here, where's she at, what is this on her desk, did she finish her work?) and it makes the person feel very uncomfortable. My supervisor even e-mailed at home to repremand me about signing in and out. (Note: some days I don't sign out, because I'm working at another desk a quarter mile away from her office.) So, what should I do if she keeps this up?

1 answer  |  asked Nov 18, 2010 5:00 PM [EST]  |  applies to California

Answers (1)

Janet M. Koehn
Your supervisor's conduct is harassment and retaliation on account of your use of intermittent family leave. (Don't call it FMLA leave; call it CFRA leave, that's the California Family Rights Act.) It also is interference with your exercise of your right to leave.

Time to move up the chain. Write a letter and fax it (not email! a hard copy letter is better) to HR. Tell them what is being done, that your supervisor is harassing you after she reprimanded you for your protected use of family leave, and is denying you employment benefits.

If nothing changes, and you continue to be denied benefits of employment such as flextime and training, file a charge with the DFEH. Also contact an attorney experienced in employment law. You can find one in your area at the California Employment Lawyers Association's website, www.cela.org. Good luck.

posted by Janet M. Koehn  |  Nov 19, 2010 03:11 AM [EST]

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