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You are referring intermittent use of FMLA leave. Such use provides the same protection against retaliation for the employee. An employer cannot treat such an employee adversely due to the use of FMLA leave. When that occurs, a complaint to the US Department of Labor, Wage and Hour Division can be utilized to address the situation. I provided that link above.
Please let me know if you have any other questions. I hope you will be so kind as to leave me a positive feedback rating after pressing the accept button.
Thank you again
Does it matter that they had to eliminate one of the positions that I was doing and then gave it to the other employee with no missing time due to FMLA?
No. This does not matter.
They said it came from the corporate office to eliminate one of the material handlers on 3rd shift and that they reviewed the attendance between myself and the other operator and shown by attendance was the only thing making the decision for me losing the one job they terminated which was due to my FMLA days for my Diabetic needs. As the other guy didn't have this issue. Does that make a difference?
This does not matter either. These issues do effect the answer.
Please be so kind to leave me a positive feedback rating, if you have a few seconds. You will be prompted for feedback after pressing the accept button. You can still continue to post follow-up questions even after the accept button is pressed.Thank you so much
Please take a look again at my responses. I said that such issues do not impact my original answer. I appreciate your patience.
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