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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 110601
Experience:  20+ Years of Employment Law Experience
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In November of 2015 I opened an FMLA case for my mother as

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In November of 2015 I opened an FMLA case for my mother as she was gravely ill at the time. A few months later I opened an FMLA case for myself in case I became sick caring for her.
I was recently asked by my manager to take off work for six months because I did not look well. I told her I prefer to continue working since I'm so close to retirement I was really focusing on my bot***** *****ne. I went to my doctor and shared this information. He suggested that I needed to take off a few days because of course I was tired as I am the only daughter and I take care of my mother and her personal needs by myself. I had a meeting with my manager and I asked her why would she suggest that I need to take 6 months off, my doctor wanted to know and so do I, he suggest I only need a few days of vacation. She ignored the original conversation we had that I wanted to continue working. I requested that HR be in further discussions we had regarding my FMLA or medical leaves that she recommended. Well, the other day I received a letter saying that my job protection will expire on 08/16/2016 and I am currently out on leave of absence now until 08/30/2016. She has put someone else in my position and prior to me leaving she told me HR did not need to be in the meeting because she had already talked to them prior to us meeting. I feel like I was maliciously set up and I don't know what to do. I lot of issues that were going on in addition to me caring for my mother was brought on by my employer badgering me to take off. I felt harassed. By the way when I transferred into the organization, my mother became sick 2 days later which led me to take off to care for her. I at a lost and have been with the company for 30 years but in the organization for a year and a half. It looks like they combined my mother and my FMLA and the medical leave. Please, whatever guidance you can provide will be much appreciated.
Submitted: 2 months ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 2 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.
Legally, you get 12 weeks of leave under FMLA (unless you have some employment contract to the contrary giving you more). They cannot force you to take FMLA and if you return before 8/16, they MUST put you back in your position or a similar position at the same or more pay. If they do not do so, then you have them on a FMLA violation and can sue them for violation of the FMLA and seek damages. The problem is that if you do not return to work on time before your FMLA expires they could terminate you, so I would suggest if you want to beat them at this you get back to work before it expires and force your employer to put you back to work and if they refuse then you have grounds to take legal action against them.

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