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I am a Nurse Practitioner who is currently being disciplined…

Customer Question
Hello, I am a...

Hello, I am a Nurse Practitioner who is currently being disciplined for using FMLA (approved) during my mothers severe illness and subsequent death in February 2018. I was given a corrective action. Isn't this illegal? Rachel

Lawyer's Assistant: Was the disciplinary action discussed with a manager or HR? Or with a lawyer?

Manager and HR together confronted me during the middle of my shift. Not very professional.

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

At will

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

My manager also thinks I miss alot of work due to illness. Last year my average ill time was 3.17 % I work over full time. This year I missed 3 days in addition to my FMLA due to a severe eye infection where I supplied a MD note and pictures of my severe eye infection, could not go to work with pus dripping from my eye. He said "I don't care if you give me 100 doctor's notes, I expect you to be there" I don't know what to do, I am being harassed

Submitted: 24 days ago.Category: Employment Law
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Answered in 5 minutes by:
4/3/2018
Employment Lawyer: Legal Eagle, Lawyer replied 24 days ago
Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 10,429
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Customer reply replied 24 days ago
My medical director also added other things on this "corrective action plan" which are inflated it appears he is using this so called "abuse of sick time" as an excuse to get rid of me. I am a professional nurse practitioner. Used to work with him 20 years ago. We were good colleagues. Now, he has literally snapped. He said he will not talk to me without HR there "to protect him" who will protect me. ? I have no one to talk to
I just got a patient to see, is there a phone number I can call you back?
Employment Lawyer: Legal Eagle, Lawyer replied 24 days ago

I'm so sorry to hear about your situation.

So, it's possible that the employer may be violating federal law. Under the Family Medical Leave Act (“FMLA”) eligible employees may take up to twelve (12) weeks off of their position to care for themselves or a family member (a spouse, child, or natural/adoptive parent - no “in-laws”) that is dealing with a serious health condition. The employee is entitled to return to their same or similar job. A family member does not include in-laws, but does include a spouse and a child. or a parent. An eligible employee is one that has worked for their employer for the past twelve (12) months and has worked at least 1,250 hours in those past twelve (12) months. The employer must also be covered under FMLA before they are required to provide FMLA leave. A covered employer typically only has to have at least fifty (50) employees within a seventy-five (75) mile radius for at least twenty (20) workweeks in the current or preceding calendar year. Also, an employer is required to provide employees with notice of their rights under the FMLA And is required to provide you with notice of your FMLA rights when they have knowledge of a triggering event.

In your case, if your employer took "corrective action" based on you taking the FMLA, they haven't returned you to your same or similar job, in violation of the FMLA. You may need to contact your local or the federal department of labor to make your complaint. The EEOC (Equal Employment Opportunity Commission) is the group that usually handles it.

Because I value your input, I would like to know whether you have any other questions for me today that I could help you with?

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