When does FMLA actually begin?

Took a vacation day for own personal use but my surgery was the next day following, I work two on and two off and every other weekend so I thought my FMLA would physically take place on the day I could not work due to having surgery and not being able to report to work on my next day scheduled to work. Lost my job because human resource counted my vacation day as being first day of FMLA instead of my next day that I needed to report to work due to having surgery. Need help understanding.

1 answer  |  asked Dec 9, 2013 11:56 AM [EST]  |  applies to South Carolina

Answers (1)

Neil Klingshirn
Generally speaking, an employer violates the FMLA by designating days as FMLA covered that are not, in fact, FMLA days. That violation becomes serious when it results in a job loss, which can happen if you need the FMLA day later on.

If you are unable to find an employment lawyer in SC who can assess your individual situation, I would be willing to provide a consultation. Our consultation fee is $200. If you would like to schedule a consultation, call our Office Manager at 330.665.5445, ext. 0 and she can get you on my schedule. However, you are best off if you can consult with a qualified employment lawyer in South Carolina.

posted by Neil Klingshirn  |  Dec 9, 2013 12:47 PM [EST]

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