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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 117451
Experience:  20+ Years of Employment Law Experience
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I live in Montana. I have FMLA for PTSD and Severe anxiety

Customer Question

I live in Montana. I have FMLA for PTSD and Severe anxiety disorder. I'm allowed to miss 2 consecutive days each month. 4 weeks ago human resources emailed me to tell me my FMLA paperwork had to be renewed every 6 months. This was the first I'd heard of it. I requested the paperwork. Two weeks went by. I emaile requested the paperwork again. I then verbally requested it. The human resource director told me she was getting to it. She also verbally said she was looking, and she doesn't think my FMLA had expired yet.
My supervisor gives me a hard time every time im abscent. I had to miss today because of my anxiety. Can they rite me up for an unexcused abscence if it turns out my FMLA paperwork does expire every 6 months and has expired. Even though I have requested the paperwork 2 times in writting and once verbally?
Submitted: 11 months ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 11 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.
If your supervisor is harassing you regarding your FMLA leave, this is a violation of FMLA and you have a right to file a complaint with the US Department of Labor, since they handle FMLA violations. AN employer is not supposed to harass an employee for using FMLA leave and this is harassment. Your FMLA is good for 12 months, not 6 months, so the employer would be harassing you if they claim you expired in 6 months. If they try to write you up, you need to file a complaint with the US Department of Labor.
Customer: replied 11 months ago.
I work for a large corporatio in sales. The more money I make, the more he makes an so on. Every time I miss work, which isn't much, he lectures me about loosing that entire day of ,"opportunity," I'm afraid he will find another way to get rid of me. There's a lot of expection. What do I say when he lectures me.
Expert:  Law Educator, Esq. replied 11 months ago.

Thank you for your reply.

If he tries to get rid of you for using FMLA, that too would be a violation. Under FMLA you are entitled to 12 weeks leave in 12 months and the employer cannot harass you or retaliate against you for using that leave, so you would need to file your complaint as I said above if they are doing so.

Customer: replied 11 months ago.
He will not listen to me when I try to explain my anxiety. I feel like he doesn't believe it's real or bad enough to miss work. And if I get sick I can't miss work. It feels like I'm being watched more than other employees.
Expert:  Law Educator, Esq. replied 11 months ago.

Again, you have rights, but if you want to avail yourself of those rights because the employer is harassing you, then you must file your complaint to the US Department of Labor. You are complaining to us and asking what to do and we are telling you your rights, but if you do not take that step to protect your rights nobody else will do it for you.

If he is acting that way, then file your complaint. If he retaliates against you, that is a separate complaint for you to file suit against the employer for retaliation.

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