can my employer retaliate because I asked for FMLA?

Four weeks ago I was diagnosed with severe bronchitis and was told by my doctor to stay home to get rest and take a course of treatment. I had no more time to take off for the year but the doctor told me he would approve FMLA so I could get the help I needed. I referred to my company handbook and I qualified for FMLA as stated under the terms for claiming it. I called work and told them what was going on and went home. 3 days later my boss called me and yelled at me for not being at work and said that my illness is ridiculous and I need to come back to work. I stayed out for two more days and returned to work and explained that I needed the proper paper work for my doctor in order to pursue FMLA. I had no response. A week later I was pulled into my boss's office to recieve a "write-up" for those 5 days I missed. Once again, I said I wanted to pursue FMLA and I checked the appropriate box on the "write-up" contesting it. My boss then explained that she didn't care about FMLA and that if I don't make a correction to the "write-up" form to where I agreed with it, then I would be demoted. I made corrections to the "write-up" and wrote that I would be pursuing FMLA on the document. 5 days later,I contacted an attorney and he wrote a letter strongly urging my employer to at least look into the matter. My employer informed me by letter that they were not covered under FMLA because the 50 or more people that work for the company have not done so for 20 or more weeks in the year. I accept their response but shouldn't have had to go through all of this for exercising my rights. And now, a week after all this happened, I'm being told that my vacation for my wedding might be denied. My wedding is 28 days away and it isn't something I can cancel. But if I go on my wedding without approved time off they will surely fire me. My time off for my wedding has been approved for 8 months and now they may cancel that time off. I know this is direct retaliation for asking for FMLA and hiring an attorney to look after my rights. What do I do?

0 answers  |  asked Jan 4, 2010 7:36 PM [EST]  |  applies to Missouri

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