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Tina, Lawyer
Category: Employment Law
Satisfied Customers: 8184
Experience:  JD, BBA, recognized by ABA for excellence.
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Can I be let go from work in Vt missed do to surgery and

Customer Question

Can I be let go from work in Vt for time missed do to surgery and FMLA ? All documented.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 1 year ago.

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

Have you exhausted your FMLA, or did you return to work within 12 weeks? If you have exhausted your FMLA, how long total have you been gone? I very much look forward to helping you on this matter.

Customer: replied 1 year ago.
No, I had to leave work for a week in 2015 and my employer is holding it against me.I work for UTC formerly Goodrich
Customer: replied 1 year ago.
I am just back from a graduation on the west coast and need to get to bed. I can be reached at***@******.***. I my not have a job on 3.14.16
Expert:  Patrick, Esq. replied 1 year ago.

Thank you for your reply. However, I think I am still unclear as to the situation. Are you saying that you took FMLA , came back to work, and then at some later point took a week off for an unrelated reason and your employer is retaliating against you for that? Can you please explain the situation in more detail? I appreciate your clarification....

Customer: replied 1 year ago.
I will try and explain. Last year I lost 176 hrs at work. 7 days for skin cancer surgery and 7 for my mother in Ma. 5 of that 7 were suppose to be FMLA but the clam was denied but work gave me the time off. My employer has informed me that I could be released for missing more than 40 hrs last year. All the time was documented and the cancer as several DR notes on when I could return to work. I also had to get clearance from the nurse at work before I could go back. I work for UTC
Expert:  Patrick, Esq. replied 1 year ago.

Thank you. Please help me understand--why would they want to terminate you now due to a few hours of non-FMLA time that you missed last year? That doesn't make much sense to me. Also, why was the FMLA denied when you cared for your mother?