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I have a doctor’s note to be out for 2-weeks. My employer…

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I have a doctor’s note...
I have a doctor’s note to be out for 2-weeks. My employer considers it FMLA leave. They typically use your 40 hours of accrued sick time to pay you for the first week (typically the waiting period). Since my FMLA is only 2 weeks, it seems ridiculous to file a claim for SDI. We have “unlimited” FTO, can I use that? Side note: my employer pays a “make whole” payment once you’ve been back as long as you were out, to pay you for the time you were out as if you were paid your normal salary. I would also like to add that I am going to give my 2-week notice when I return. Also, the HR Director has been bullying me to the point of anxiety attacks, which is why I was out to begin with (and why I’m leaving). Lastly, this all started with my request for “reasonable accommodation” under the ADA, which I was denied. This company is very powerful & have resources beyond what a single mother could afford or obtain. They never gave me a reason why I was denied RA, but I know for sure it wouldn’t be because of an “undue financial hardship.” Ok, end longest question(s) EVER.
Submitted: 2 months ago.Category: California Employment Law
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Answered in 4 hours by:
5/31/2018
California Employment Lawyer: Ray, Lawyer replied 2 months ago
Ray
Ray, Lawyer
Category: California Employment Law
Satisfied Customers: 48,901
Experience: 30 years in civil, probate, real estate, elder law
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

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California Employment Lawyer: Ray, Lawyer replied 2 months ago

File an FMLA complaint here, doesn't sound like they can do this until your regular leave is exhausted.Sounds like they are being vindictive..

Filing a Complaint with the Secretary of Labor

  • A complaint may be filed in person, by mail or by telephone with the Wage and Hour Division, U.S. Department of Labor. ...
  • The complaint should be filed within a reasonable time of when the employee discovers that his or her FMLA rights have been violated.

Enforcement of the FMLA - elaws - employment laws assistance for ...

https://webapps.dol.gov/elaws/whd/fmla/13.aspx

I would also file with EEOC this is retaliation as well

https://www.eeoc.gov/federal/fed_employees/filing_complaint.cfm

The EEO laws prohibit punishing job applicants or employees for asserting their rights to be free from employment discrimination including harassment. Asserting these EEO rights is called "protected activity," and it can take many forms. For example, it is unlawful to retaliate against applicants or employees for:

  • filing or being a witness in an EEO charge, complaint, investigation, or lawsuit
  • communicating with a supervisor or manager about employment discrimination, including harassment
  • answering questions during an employer investigation of alleged harassment
  • refusing to follow orders that would result in discrimination
  • resisting sexual advances, or intervening to protect others
  • requesting accommodation of a disability or for a religious practice
  • asking managers or co-workers about salary information to uncover potentially discriminatory wages.

Participating in a complaint process is protected from retaliation under all circumstances. Other acts to oppose discrimination are protected as long as the employee was acting on a reasonable belief that something in the workplace may violateEEO laws, even if he or she did not use legal terminology to describe it.

Engaging in EEO activity, however, does not shield an employee from all discipline or discharge. Employers are free to discipline or terminate workers if motivated by non-retaliatory and non-discriminatory reasons that would otherwiseresult in such consequences. However, an employer is not allowed to do anything in response to EEO activity that would discourage someone from resisting or complaining about future discrimination.

File both and consider a lawyer to sue here.Prayers to you , sorry they are doing this to you.

I appreciate the chance to help you tonight.Thanks

If you can positive rate 5 stars it is much appreciated.

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