disciplinary actions on FMLA covered days

I have been covered under FMLA since June of 2003. I submitted my paperwork for the next year today. My supervisor has written me up once with a notice of necessity to improve my attendance. Even after improving attendance, which my record clearly states, is true. My supervisor wrote me up with a formal letter of reprimand, which included FMLA covered missed days. Is this legal?
It was my impression that if you are covered by FMLA you employer cannot take disciplinary action towards you if the days off were counted as FMLA days, which was the case. I even check this with HR to make sure I was covered.
What action should I take to these two disciplinary actions?

1 answer  |  asked Jun 30, 2004 1:28 PM [EST]  |  applies to Arizona

Answers (1)

Francis Fanning
Using FMLA covered leave as basis for discipline violates FMLA

You are right in your assumption that a disciplinary action that is based in part upon the use of approved FMLA leave violates the antiretaliation provision of the law. The most practical remedy is to bring it to the attention of HR. If that fails, contact the U.S. Department of Labor and make a complaint. Keep in mind that this does not protect you from legitimate disciplinary action for unexcused absences.

posted by Francis Fanning  |  Jul 1, 2004 12:25 PM [EST]

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