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socrateaser
socrateaser, Lawyer
Category: Employment Law
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Experience:  Retired (mostly)
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Have my FMLA rights been violated If so,should I go to HR

Customer Question

Have my FMLA rights been violated?If so,should I go to HR? I am currently on intermitted leave for anemia.I was written up for tardies and no call/no show.I have also been pass up for promotion due to the write ups.The tardies are due mostly to having Dr's office visit before I go into work and they run late.When I first had FMLA I was calling in for my DR appt.I couldn't afford taking the whole day off.I asked my boss is I was able to go to DR. before I come in and if I am tardy is it okay?He said he would check with HR and it was fine.That time and now they dont know what the cause is and my PCP referred me to a Dr. who had me on IV infusions.I was then written up for tardies.My no call/no show was given to me after I left work the day before my doctor call and told me to come get a shot.I told my boss that if I was able do during lunch can I come back to work?He said okay.It was longer,and I went home after(Tired).Written up even though I said it is FMLA.Now I need Dr note each time
Submitted: 5 years ago.
Category: Employment Law
Expert:  socrateaser replied 5 years ago.

If you provided notice to your employer of your intent to use your FMLA leave and your employer did not require a physician's certification prior to, or within 15 days after your first taking leave after providing notice, then any retaliation is unlawful and you have a case against the employer.

 

Your complaint is to the U.S. Dept. of Labor (http://www.dol.gov/dol/topic/benefits-leave/fmla.htm). You may want to contact a local employee's rights attorney who can help you draft the complaint.

 

 

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Customer: replied 5 years ago.

I am new to the FMLA laws, please tell me in detail what physician's certification means? Is that the same thing as re-certification or is it the same as a doctor's note each time I go in? When you say notice, I try to schedule my appointment two hour before my start time and I don't tell my employer becasue I figure that it is not going to interfere with my work schedule. I start at 12:00pm and I schedule my doctor's appt around 10:00 and most time no later than 10:30 I ask how long it's going take when I make my appt to leave an open window for 45 min to get to work even though it is only 15 minutes away. Most appt are 15-30min and for some reason they alway run late or need me to get labs which then makes me tardy which I do call and notify them. So when you say notice is there a certain about of time that I should be notifing them. And if what I am doing is wrong please let me know. Please let me know and I will get to an attorney in my area.

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