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Tina
Tina, Lawyer
Category: Employment Law
Satisfied Customers: 8184
Experience:  JD, BBA, recognized by ABA for excellence.
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I work as an STNA in a nursing home in Ohio. A few years ago

Customer Question

Good afternoon, I work as an STNA in a nursing home in Ohio. A few years ago my son passed away from cancer. Since then I have strong anxiety (and probably PTSD), but never pursued more than treatment for anxiety and I have FMLA for such. A couple months ago, I was scheduled to work on a Saturday, I asked to switch that Saturday with another day and they would not allow me to do so. My daughter had a girl scout function that day and wanted to attend. Well, I ended up having an anxiety attack on Friday and used my FMLA day for that Friday. I still attended my daughters function and a co worker's daughter is in same troop and he had gone to work and told my boss I was being anti social at the function. I worked the Saturday night, like I was scheduled, but ended up getting pointed anyways, because they felt I was making up my story on Friday, because I had asked for Saturday off and didnt get it and because my co worker said I was being anti social. I tend to get very withdrawn and quiet after an anxiety attack. Should I have been pointed for that?? Shouldn't FMLA have protected my Friday?? Shouldn't they need more than because I was being anti social to a co worker at a non work related function to point me??? So now, on this Saturday, I was at work for my shift. I had a male agency stna get in my face and start yelling at me because I offered to help on a two person lift and he said he could do it hisself. I told them we dont operate that way here and if they are two person assists, it takes two ppl. He said I told you I could do it myself and started screaming at me in the middle of the wing. (Agency stna's are called in because my employer has a hard time keeping anyone working for them). Being yelled at like that set off my anxiety and I started to cry and asked to leave the floor and talk to the supervisor. I did so, after discussion with the supervisor, I decided to take my remaining time FMLA and leave for the night, as I was having anxiety while still around the guy that had just gotten in my face. Well it turns out, that today I am being punished because I left early for my shift on Saturday and even though I used FMLA, it doesnt matter. Should this be allowed?? Sorry so long...
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Ohio
JA: Is the employment agreement "at will," union, full time or part time?
Customer: union
JA: Anything else you want the lawyer to know before I connect you?
Customer: no should be good with all of that info i sent lol
Submitted: 1 month ago.
Category: Employment Law
Expert:  Gerald-Esquire replied 1 month ago.

Hello,
Thank you for using Just Answer. Please bear with me while I review your question. I will respond fully shortly. Thank you for your patience.