QUESTION

I was disciplined for using FMLA on Saturday

Asked on Feb 02nd, 2013 on Labor and Employment - Indiana
More details to this question:
I used an FMLA day on a Saturday. I was not aware that our company policy has a 48 hour window to report this time by call in procedure and Ive been on FMLA for 15 years. I did not know that that discipline would be imposed until after the 48 hour window had expired. According to the Insurance Company that manages our FMLA , they told me that my time was covered yet HR still handed down the discipline. I have been with this company 18 years and this is the 3rd time Ive ever been disciplined. Alll because I used FMLA on a Saturday Dec. 29th, 2012. If I am within the scope of the law I would love to take action against this company as I see discrimination take place every day.
Report Abuse

1 ANSWER

Employment Law Attorney serving Chicago, IL
Partner at Goldman & Ehrlich
4 Awards
When taking intermittent FMLA, the rule requires that you give notice as soon as possible.  If you knew about taking the day for FMLA more than 48 hours before hand, then you would be required to notify the company in advance.  If you had no knowledge you would need that day until same day or day before, you would be protected under the FMLA and could file a charge
Answered on Feb 04th, 2013 at 10:09 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters