FMLA time

I am currently on intermittent FMLA leave in order to care for my disabled son. My boss is extremely against FMLA to the point of putting a letter in my file for excessive absenteeism. Since I also have fibromyalgia, I use approximately 4 sick days per year for flare-ups. At the suggestion of my rheumatologist, I applied for and received intermittent FMLA to protect myself for any days I am absent due to my fibro. Today I received an email from HR requesting that my son's doctor fill out another recertification form for FMLA due to the "change in days". This form was just filled out in the beginning of May. I don't understand why this needs to be filled out just because I am also on FMLA. Can HR split my FMLA 12 weeks equally between myself and my son for use or is it just a total of 12 weeks. Note that I have not missed any time due to my condition since I have been on FMLA. This is just one more item in a long list of harassment by my employer due to me being on FMLA. I have and continue to document everything because I am assuming they are trying to fire me. HR told me that if there were no FMLA, they would have fired me already, that I was lucky. Thank you.

2 answers  |  asked Jul 13, 2010 10:01 PM [EST]  |  applies to Illinois

Answers (2)

Kate Sedey
Hi,
It sounds like your employer may be engaging in conduct which violates the Family & Medical Leave Act, but I cannot be certain without some more information. If you'd like to set up a consultation with me, I'd love to get some more details and work towards answering your questions and resolving the problems you are having with your employer. Contact me at the number below if you'd like to meet.
Sincerely,
Kate Sedey

Kate Sedey
The Case Law Firm, LLC
150 N. Michigan Ave., Ste. 800
Chicago, Illinois 60601
(312) 920-0400 phone
(312) 920-0800 fax
ksedey@thecaselawfirm.com

posted by Kate Sedey  |  Jul 14, 2010 07:11 AM [EST]
John Otto
They have probably already retaliated against you for using FMLA by putting a letter in your file for excessive absenteeism if the reasons for your absences was FMLA. Also, the comment that they would have fired you already if you were not on FMLA seems designed to intimidate you. So far, you haven't lost any money so it's probably not worth filing a lawsuit. However, I would talk with an attorney in Quincy and ask him/her to write a letter to the employer pointing out the employer's obligations under FMLA.

posted by John Otto  |  Jul 14, 2010 12:32 AM [EST]

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