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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 113493
Experience:  20+ Years of Employment Law Experience
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I am caregiver mother I have fmla intermittently

Customer Question

I am caregiver for my mother for whom I have fmla intermittently employee called mandatory 15 hours ot I could not do 15 so they applied what I could not do to my fmla which exhausted my bank now I am being disciplined for insubordination for not doing the total 15 hours. is there anything that can be done
Submitted: 9 months ago.
Category: Employment Law
Customer: replied 9 months ago.
so far I am challenging those days where paid time was used as they requested I put all my request for fmla in writing so I am requesting to see the documentation requesting fmla. Also there was asbestos removal on the job site and 2 weekends no overtime could be done so I want to make sure they did not include these days.
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Your employer harassing you and claiming additional overtime hours against your FMLA that would be a violation of FMLA and harassment for your using FMLA. It also could be deemed discrimination, since they are doing this because you had FMLA and it seems they were trying to exhaust it on you so they did not have to deal with it.
Thus, your first recourse is you need to file an FMLA harassment/discrimination case against the employer with the US Department of Labor, which is the agency that investigates FMLA violations. If the US DOL cannot resolve this, then your next step is a local employment attorney and filing suit against the employer for discrimination and harassment under the FMLA.