County Agency wrongful denial of FMLA

The county agency I work for has a habit of denying FMLA (it appears for people they don't like) for good reasons. One person was forced out because he had diabities. His FMLA was denied for this. They are in the process of forcing another person out. She was physically and emotionally abused by husband and has been seeking counseing and was diagnosed with post traumatic stress syndrom, sever anxiety, insomnia and other emotional health issues. She was only requesting intermittant FMLA. The county agency has all documentation from psyciatrist who by the way stated that the condition is severe enought to make her emotionall incapacitated at times. We do have a bargaining unit but they have been unable to help and the denial has been greived. There is no company policy at this time at all for FMLA. It is up to employer discression. The woman that I work with was just hit with a three day suspension for leave without pay unexcused and the next step is out the door. We are also in the process of negotiating our contract at this time and the woman in question is not afraid to speek her mind. I am a steward for the agency, although I did not handle this greivance, I would love to help her. Thank you.

1 answer  |  asked Jul 30, 2001 9:37 PM [EST]  |  applies to Ohio

Answers (1)

Neil Klingshirn
Send your friend to MyEmploymentLawyer


The county agency does not have the "discretion" to obey the FMLA or not. If you friend has the right to be away from work intermittently due to her serious health condition, then she can take the time off. If the agency terminates her for this, she will have a claim for her lost wages and attorneys fees, plus other potential relief.

You can do little for your friend yourself. She needs to get legal advice and make sure that she is applying for FMLA leave properly. If the county terminates her, then she will probably need an attorney to take the case. That is where MEL can help.

Have your friend read MEL's FMLA facts so that she generally understands the law. Then have her locate an attorney near where she lives. She should try to get the leave to which she is entitled. If she cannot, however, she is much better off if she goes through this process with legal advice at the outset.

If you have trouble finding an attorney near you, we will represent individuals who live north of I 70 and east of I 71, if that helps.


posted by Neil Klingshirn  |  Jul 31, 2001 12:37 PM [EST]

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