FMLA Entitlement Denied by Manager

I've worked 9 years for a company that's aware of my family health conditions. My wife and I have used FMLA. In an unforeseeable situation in which my health was aggrivated (I have a bladder contition), I asked to use FMLA. My manager said: "my FMLA was expired and I was not protected; if I did not show up for work I would not have a job; I was not allowed to step foot on the property or the police would be called." During the telephone request (in tears, pain & despair) the manager accepted my "resignation" and I was terminated. In fact, my FMLA certification states my duration of condition is through April 2009. I emailed HR and said "I believe my entitlement to FMLA was violated." The HR Director responded saying "I will look into the matter." Please, any help, advice or suggestions on how best to proceed? I am also afraid of a hostile environment if brought back to work.

1 answer  |  asked Nov 1, 2008 10:02 PM [EST]  |  applies to Ohio

Answers (1)

Neil Klingshirn
FMLA coverage continues for a Certified Serious Health Condition

Your employer appears to be way off base here. Once you have been certified as having a serious health condition, leave time required for that condition is considered a serious health condition as well, even if you do not meet the 3 day rule required for some types of serious health condition. So, as long as you worked at least 1,250 hours in the previous year, your employer has more than 50 employees and you have not used up your 12 weeks of FMLA leave in the last year, you should be covered.

If you would like to explore legal action, we offer an initial consultation for $200. Being in Columbus, you might consider contacting Gary Reeve, one of the leading FMLA experts in the country, whose office is in Ohio. His number is (614) 228-2050.

Best regards,

Neil Klingshirn

posted by Neil Klingshirn  |  Nov 2, 2008 08:34 AM [EST]

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