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My wife (Natalie) and I have been dealing with an ongoing…

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Hello, my wife (Natalie) and...

Hello, my wife (Natalie) and I have been dealing with an ongoing FMLA issues since my wife started working for Vanguard about 2-2/12 years ago. Vanguard uses a third party to conduct Disability scheduling using Sedgwick. My wife currently deals with Severe PTSD and Chronic Migraines (All medically documented by a licensed Psychologist, Psychiatrist, and Family Dr.) We are looking to see if we have a case and other such info. (see questions at the bottom). Here is a brief (albeit, a long one) summary of what has happened: 1. Sedgwick nor HR has never told my wife during the 2 1/2 half years that she has worked there that the schedule for FMLA was based on a rolling calendar period until about 2 months ago. This is problematic. When my wife first got the job, she understood that she would get 12 weeks a calendar year for FMLA. They NEVER informed her that it was based on a rolling calander period, which for the first year, is great. You use it as you need it. However, the following year, it has been hell. She now can only use time as she used it last year and since her panic attacks and migraines are random, it really doesnt help. (IE alot of her time accrues towards the end of the year, but not the beginning because she didnt use as much last year). 2. Sedgwick nor HR never told us how the hours for FMLA were calculated or what a "rolling" calendar period meant. 3. It does not say anywhere on the Sedgwick website nor the Vanguard website what a "Rolling" Calendar period meant. So, we actually had to go onto a website and find out what that meant from another disability attorney's website. This was all dropped on us 2 months or so ago. 4. Sedgwick gave her the wrong info. about how many hours she was allowed to accru for FMLA. 5. Sedgwick made many errors in calculating her FMLA over the past 2 years, including not telling her about the rolling calendar period (which screwed her over for the next year), not telling heer the right number of hours you were able to take during the first year or the year we are currently in, giving her wrong dates in which her FMLA would come back and not being able to tell her when she would accrue more time, when they told us that we can get that info on their website it is NOT on the website, and they kept inputing wrong info into their database and making her plan to use FMLA hours that she didnt actuallyhave, and their own admitted error of inputing a non-compressed schedule at 56.5 hours, when she has had a compressed scheduled right after she was done training like 2 1/2 years ago. On this last item, my wife has told Sedgwick her schedule and they claim her schedule keeps changing which is incorrect. This caused her to overuse time last year, which limits what she can use this year. Sorry for the long email. We are at a loss on what to do. She is now sitting on a bunch of unexcused absences and will be writ up soon. So, there are a couple of questions. 1. Do we even have a case? 2. If so, should she quit or be allowed to get fired? 3. How do we proceed?

Submitted: 3 months ago.Category: Legal
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3/26/2018
Lawyer: Law Educator, Esq., Attorney replied 3 months ago
Law Educator, Esq.
Category: Legal
Satisfied Customers: 125,859
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Do you have a case, yes, if Sedgwick made an error in calculating her days under FMLA and denied her time she was guaranteed by law, then they are liable for the violation. As far as not explaining what a rolling year was, there is no penalty for that I am afraid, but if they improperly calculated her leave and then denied her leave she should receive, the first step is filing a complaint with the US Department of Labor, as they handle FMLA claims.

If the US DOL cannot resolve the matter, then your wife would be able to sue them for violation of the FMLA.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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