I think my boss is targeting me because of intermittent FMLA use. Can I do anything about this?

I think my boss is targeting me because of FMLA use. I work for the post office, and I was awarded intermittent FMLA in October (it is now January) to provide care for my disabled spouse. At the end of October my postmaster called me into his office to sign paperwork for days that I recently took. He informed me that the 4 most recent times I used FMLA were next to my scheduled day off, and that it looked like I was using it to take long weekends (I took that to mean malingering). the beginning of November, I needed to use FMLA again and again it was next to a day off. Once again, I was informed of their suspicion of malingering. At the end of November I became sick with a cold. I came in for a few days, but ran out of medicine. I called in again. next to my day off again. this time instead of the regular policy of not requiring a doctors note for absences of less than 4 days, they demanded a doctors note which is the policy when the supervisor suspects malingering. I couldn't afford medicine, let alone a trip to the doctor on such short notice. About a month later I received a formal reprimand in my record. I think my shop steward (union) is grieving the situation. I've been informed of their suspicions of malingering every month when I need to use FMLA. Recently my spouse needed me for a full 5 days. they demanded a doctors note for the entire FMLA usage. My union told me this was acceptable as I opted for paid days off. My spouses doctor hasn't been replying to her emails, and I'm afraid I will be in more trouble. My postmaster has suddenly become very nit-pickey with my mistakes. I understand that I make a lot of mistakes as I have adhd. I was receiving treatment for it in the form of counselling and medication, up until November when my supervisor began to yell at me and demanded to know when the weekly doctors appointments would end. Is there anything I can do? I'm afraid they are trying to make me out to be a bad employee, but I've been there for nearly 3 years, and this is the only time I've received any disciplinary actions.

I have the paperwork that shows them attempting to discourage me from using FMLA on the days in question.

I was awarded up to 5 consecutive days of FMLA per month, and I have rotating days off. If I only use my FMLA on days that don't connect to my days off that limits my 5 consecutive days significantly.

My spouse has frequent and serious arthritis flair-ups.


Our sick call policy allows for absences of 3 days or less without documentation. unless the employee is on restricted sick leave or if the supervisor deems it desirable for the protection of the interests of the post office. To me requesting a doctors note for an absence of one day is telling me that they believe that I am malingering and that I must now defend myself against the accusation by providing proof.

0 answers  |  asked Jan 11, 2019 9:40 PM [EST]  |  applies to Oregon

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