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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19306
Experience:  Employment/Labor Law Litigation
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My wife worked for Bojangles for about 15 or 16 years she

Customer Question

My wife worked for Bojangles for about 15 or 16 years she went on Fmla leave without
Pay because I had a triple bypasses surgery she was talking Care of me and was fired because she wasn't on the schedule but did return back ontimewas she supposed to be be paid for her leave for me what should do
Submitted: 6 months ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 6 months ago.

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

FMLA leave is without pay according to the federal statute, so FMLA doesn't require that she be paid for that time, unless she requested to use any accrued vacation that she had to cover some of the FMLA time.

As for the termination, I'm not sure I understand what happened. If she used all of her FMLA and didn't return to work, she could be terminated for missing time unprotected. If she was trying to return though before her FMLA ran out, and the employer didn't schedule her and fired her for showing up anyway, she should file a complaint with the Department of Labor in your state. That is the entity that enforces FMLA law.

If you have any further questions or other facts that you would like me to consider, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

Customer: replied 6 months ago.
She sat with her area manager prior to her Fmla expiring and was told that she was being sent to another location and she agreed because the store manager of that location was willing to work around my schedule for my cardiac rehabilitation. She went to the new location and did a walk through met with the staff and all and discuss scheduling with that manager and he was waiting to make her schedule for the week after we find out my schedule for rehab then she received a call from corporate saying she had to be terminated and she explained to the lady technically she was back the store manager just hadn't completed the schedule because he was waiting on my rehab schedule
Expert:  Allen M., Esq. replied 6 months ago.
It sounds like to me they're treating the situation overly harshly as a means of terminating someone even though they were using FMLA. She needs to file a complaint of retaliation with the Federal Department of Labor in your state that is her recourse.
Expert:  Allen M., Esq. replied 6 months ago.

Hello, I wanted to check in and make sure that there was not any additional information that you required after the response I previously provided to you. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.