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Recent employment law questions
I actually need some information and clarification on the
I actually need some information and clarification on the FMLA. I just this past week filed a claim with the corporation I work for under the FMLA so that I could fly out of state and be by my mother's side in her final weeks. I have faxed the paperwork back in that was filled out by the doctor and am waiting for the claim to be processed. The company that processes the claims are a bit vague about the full process or perhaps I am asking the questions incorrectly...Once my mother passes away, the funeral home has told me that it will take approximately a week to get the documentation from the Medical Examiner so that the body can be released for 'processing'. I will have to supply necessary background information for the death certificate as well. The 'processing' will take up to an additional week. Now at what point does the FMLA claim end? I would not assume at the time of her death as I have to get things together and deal with the funeral home, but am unsure...
I am paralyzed from the top of my chest down. I am cared for
I am paralyzed from the top of my chest down. I am cared for by four wonderful women who cover me 24/7. They come from an agency, but the agency is being VERY well paid because it is a Worker Comp Case. The agency is netting about $96,000.00/yr on my case,and I'm probably not going to die any time soon (darn it!) Problem: My best aide has to go to Jamaica for a week (9 days) for her mother's funeral. The agency has asked the other aided to cover her hours, one in particular, because this would put her overthe sacrocanct 40 hours. The catch, however, is that she would have to sign a contract saying that she would work for a dollar less per hour $7.00 rather than the munificent $8.00))They would then give her a dollar overtime for the hours the other woman wasaway - her own regular pay!. But then the agany says she would have to stay at $7.00 for the rest of the year because "labor law" wouldn't allow them to change pay up and down like that. So, for caring for me for a few hours so I would not have a stranger(something very difficult for me because there are so many procedures+ and meds, etc., my aides (One has already done this awful thing) are losing hundreds of dollars while the agency just keeps pocketing the same amount of money month after mo0nth. PLEASE;Whatis the law on this? Dr. Rosemary Timoney
My employer's policy allows funeral leave employees.
My employer's policy allows funeral leave for all employees. We have approximately 25 employees. My uncle just died, and his wake is tomorrow afternoon. However, my employer said I could not have the afternoon off because we are having a mandatory meeting for all faculty and staff. Can a mandatory staff meeting actually allow the employer to forbid my right to attend the wake?
In mid September of 2014 I was verbally attacked by a maintenance
In mid September of 2014 I was verbally attacked by a maintenance direcotor in an assisting living community. The attack took place in a vacant apartment with the door closed, I asked the attacker to stop, told him he was frightening me and got out as soon as possible. Immediately I emailed by direct supervisor (who was away from the building) and her supervisor making a formal complaint. The supervisor told me he would speak to the attacker and called to tell me that all was taken care of and that the attacker would apologize the following day. No apology was forthcoming, attacker went by my office several times, whistling and looking in my window. I requested that corporate HR get involved as I did not feel safe at work.. two other staff came to me and reported that this individual had frightened them or yelled at them using course language..I reported this to my supervisor, stating it appeared I was not the only employee to feel uncomfortable with this staff on the premises. The attacker was put on suspension for 2 weeks and when I returned from a funeral leave he was on the premises..no one from the management team alerted me that he was returning and a new building supervisor was also instated. When I complained to the new supervisor about being uncomfortable with the staff back at work and that I no longer felt comfortable in staying in the building at night, which I did several times a week because I commuted 150 miles round trip for the position. New supervisor stated that "was yesterday" and it is a new day, do not go to maintenance with any work orders from here out, bring them all to me." I f no longer felt safe at work and have left the position.
I work for the state of CT.My father passed away recently.I
I work for the state of CT.My father passed away recently.I was denied 2 hours of my 24 hours of bereavement pay . Payroll said it was because I only had 22 hour sick pay accrued.Is it legal to use my sick pay to pay for bereavement time?
On October 10, 2000, my mother passed away suddenly of a massive
On October 10, 2000, my mother passed away suddenly of a massive heart attack at her home in Georgia. Unaware of Mother's death, I had taken the day off from work to see my doctor for a painful back problem that had gotten worse. I informed my employer (Philadelphia School District, Philadelphia, PA) of my situation and followed all procedures. After using my funeral leave, I requested an indefinite leave of absence without pay to cover myself until I returned to work. No one (my union or school administers) informed me that proceedings for job abandonment were being processed. Not, even, when my vice principal talked to me over the phone and later, a friend representative, that these proceedings were being filed against me. I sent certified letters for my requested leave to all parties involved (the principal never returned my phone calls or responded to the certified letters). The School District, however, printed the leave I requested on my pay stubs and coded the pay as summer accrual (we are 10 month employees with annual pay spread out over 12 months). Although, I was not in the classroom physically, I reviewed written work by students and made basic lesson plans over the phone for classroom activities with the lead teacher for my department. I even located a substitute teacher more qualified than myself to fill the position until I was able to return to work. School officials knew where I was and contacted me when they wanted.I returned to work April 18, 2001, as I had informed my vice principal I would. My principal and I talked that morning in her office. She seemed to understand and then sent me to PFT headquarters to begin the process of straightening out this complicated mess. I left PFT headquarters to meet with Employee Relations' Executive Director at his request. In our meeting I showed copies of my certified letters requesting leave and copies of my School District check studs which clearly outlined the leave requested. His response, "this school year is a wash and it was best to come back in the fall”. The School District never followed through with my reinstatement. I did not understand at the time, I should have had union representation when I met with Employee Relations. I just did as I was told or was asked to do.According to pension records obtained, my leave status was changed to Family Leave then back to Leave Without Pay, (I still don't understand when or why that occurred). Neither PFT nor School District officials will acknowledge the Family Leave status. I have tried to obtain a lawyer (13+), senior law/federal agencies, politicians, community activists and other professionals to resolve this dilemma. With job abandonment on my records, I cannot expect to get another position of worth, despite having an extensive, varied educational background; experience, abilities and capabilities. Having been approached by other school districts…I can't make it pass the job abandonment status during the application process.During the same time, I applied for unemployment and was approved. I received all weekly payments due me. The School District responded that I was the cause of my dismissal. The State then ordered me to repay the compensations in excess of $11,000.00. Until the money is paid back, I cannot collect any unemployment in the state of Pennsylvania. The School District informed me that they made an overpayment of more than $10,000 during my leave (I've tried to resolve this issue as well). Upon retirement, in April 2003, I was denied my severance pay, which totals in the thousands. Being unemployed and unable to get work in my field, my house went up for Sheriff's Sale. I withdrew my pension, under penalty, to pay off the mortgage due. All of these occurrences were used against me to the point that I was relieved of my job. My request for a formal grievance was never filed by the PFT on my behalf (I could never get a workable response from any PFT official). Because, I was no longer an employee or dues paying union member, maneuvering pass the School District and PFT's secretaries, assistants, and other security barriers was a nightmare. Somehow, I managed to obtain copies of documents supporting my case. Most legal professionals have advised me to forget about it and enjoy my retirement. How could I? I continue to live in poverty. 2015, I will be 65 years old and would like to collect social security. I am still unable to get my employer to correct my records reflecting actual years served. Seems, nearly 30 years of service, total commitment, use of personal finances to fund classroom needs, a flawless on the job performance record, and an exceptional work ethic, should deserve better. Is there any recourse for me in all of this? I await your response.
Contacted boss to tell him my uncle died and see what my options
Contacted boss to tell him my uncle died and see what my options were because uncle was not covered under funeral leave policy. He told me to take two days off and he would put me in for funeral leave because the policy left it up to department head to ok exceptions. So I took off and when I returned he said that I would not get paid. What can I do?
Hi. I was given a formal, written reprimand on a first offense.
Hi. I was given a formal, written reprimand on a first offense. I have not signed it yet and told my supervisor that I needed a Few minutes to think first and to make a phone call regarding The issue. She brought a witness in to say that I refused to signThe paper. I dispute her claims and am very upset at what I consider unfairTreatment. There was never a verbal warning and she is side-steppingOur Personnel director in the process. We have had several employeesWho have failed to call in and they received several verbal warnings. I thought I had texted everybody @ my whereabouts. This was a first and onlyTime occurance. I had been told that day that the office was closing for aFuneral and that leave would have to b taken. Just so happens, my son wasSick that day. Part of the reprimand was about 'working my authorized work scheule'. I haveBeen ill and have filed for FMLA. Prior to filing for FMLA, I spoke w our Exec DirectorAnd explained my situation. I have plenty of vacation time and technically, I amAllowed to use it when my sick leave runs out. My boss currently is only in our office to supervise 12 hours a week and I'm expectedTo make up the slack. However, this makes it extremely difficult to complete my own work. I have offered many times to be allowed to make up missed time during weekends, lunch,And staying late. The answer was no. However, she works full days on Wednesdays, Saturdays and Sundays. Question, can I b fired for not signing my reprimand immediately? I asked that a statement b included before signing and asked to think for a few minutes first. It had been over a week since our talk before she presented me the reprimand. Do u think I need to see an attorney?
On Friday, February 3rd, I took inventory of supplies and inView more employment law questions
On Friday, February 3rd, I took inventory of supplies and in doing so moved and lifted several boxes. I was sore afterwards, but didn't think anything of it and thought it would just go away. Over the weekend, it got progressively worse with cramping to my lower back and abdomen. I tried over the counter remedies and an old prescription that I had at the house for pain and nothing seemed to relieve the pain. At this point, I began to also have weakness in my arms and legs and difficulty walking. I called in sick every day and kept employer informed of my status. I went to the doctor on Wednesday, February 8th. He diagnosed me with back strain and agreed that the injury triggered a relapse of my long standing illness of Fibromyalgia.I returned to work on Friday, February 10th with my doctor note with restrictions. I infomed my employer at that time that I believe that my back was injured from lifting of the boxes. I was told by my employer that I had several absences, all of which the company was provided with doctor notes, and that they needed someone that could be there everyday.I was told that this is my first and final warning and that I was being terminated for being out ill. It was further indicated to me that they will provide a 6 week severance package and that the Human Resources department will assist in helping me find another job.Do I have any rights here? Will I be able to file for Unemployment Benefits as the absences were for medically valid reasons and no fault to me. Will I be able to apply for Workers Compensation to assist with medical bills as now I will be losing my insurance? Please advise. Thank you.
Allen M., Esq.
JAG officer and former adjunct prof.
Juris Doctor, Cum Laude