What happens when an employer won't grant FMLA?

[rudeguy]

We have one HR lady who handles FMLA. She seems to take enjoyment out of torturing people who use it. I'm not being dramatic, she literally will make doctors refill out paperwork 3 or 4 times even though there was nothing wrong with the paperwork. Her end goal is always to get the person to sign a release so she can talk to the doctor and try to convince him that FMLA isn't needed. No matter what the issue is.

The last time I had to use it, I got put on a double final warning because she wanted paperwork that didn't exist. Whatever...I survived it. But the other day lil rudeguy had a diabetes emergency at school and I had to take off to fix him up. Basically the definition of what FMLA is there for. I am sure she is going to give me shit even though all my paperwork is in perfect order.

What do you do when this happens? Every single person who applies for FMLA has to deal with her and every single person says she does the same thing to them. I make sure to make all communications through email so there is a paper trail and I BCC my boss and my home email just to make sure. She has a habit of making up conversations that didn't happen, so I make sure every conversation happens through email. What can an employee do when their employer refuses to follow the law?

 

[jagec]

Find a new job, hire someone to kill her, or get proof that she's violating the law (not just the spirit of the law). Unfortunately those are probably your only options.

I guess you could take it to the media, but it may be a little too complicated of a story for them to pick up.

 

[Corporate Thug]

We have one HR lady who handles FMLA. She seems to take enjoyment out of torturing people who use it. I'm not being dramatic, she literally will make doctors refill out paperwork 3 or 4 times even though there was nothing wrong with the paperwork. Her end goal is always to get the person to sign a release so she can talk to the doctor and try to convince him that FMLA isn't needed. No matter what the issue is.

The last time I had to use it, I got put on a double final warning because she wanted paperwork that didn't exist. Whatever...I survived it. But the other day lil rudeguy had a diabetes emergency at school and I had to take off to fix him up. Basically the definition of what FMLA is there for. I am sure she is going to give me shit even though all my paperwork is in perfect order.

What do you do when this happens? Every single person who applies for FMLA has to deal with her and every single person says she does the same thing to them. I make sure to make all communications through email so there is a paper trail and I BCC my boss and my home email just to make sure. She has a habit of making up conversations that didn't happen, so I make sure every conversation happens through email. What can an employee do when their employer refuses to follow the law?

Sue the employer for refusing to grant legally mandated leave.


<--------- Labor & Employment Defense attorney.

 

[MagnusTheBrewer]

FMLA isn't for the occasional last minute things like taking care of lil rudeguy's diabetes emergency, it's for taking 6 weeks off to handle some emergency either personal or family. The type of emergency you described is what sick leave is used for.

 

[Corporate Thug]

FMLA isn't for the occasional last minute things like taking care of lil rudeguy's diabetes emergency, it's for taking 6 weeks off to handle some emergency either personal or family. The type of emergency you described is what sick leave is used for.

FMLA is a form of sick leave since there is no universal mandate for companies to provide non-statutory sick leave. FMLA only require notice when its feasible. If I have a diabetic attack tonight, I can call my employer tomorrow and let him know I'm taking FMLA leave.

 

[MagnusTheBrewer]

FMLA is a form of sick leave since there is no universal mandate for companies to provide non-statutory sick leave. FMLA only require notice when its feasible. If I have a diabetic attack tonight, I can call my employer tomorrow and let him know I'm taking FMLA leave.

You're right. I just get used to calling it what the government types call it.

 

[Squisher]

FMLA isn't for the occasional last minute things like taking care of lil rudeguy's diabetes emergency, it's for taking 6 weeks off to handle some emergency either personal or family. The type of emergency you described is what sick leave is used for.

Yes and No. If it can be determined that lil rudeguy is prone to episodes that would necessitate rudeguy taking time off then it can be FMLA. It can be 6 weeks off, 2 days at a time.

 

[dud]

But the other day lil rudeguy had a diabetes emergency at school and I had to take off to fix him up.

Question OP ... what is a child doing having a diabetes "scare"? This is not good ...

Just curious.

 

[CoachB]

The Family Medical Leave Act is quite complicated, however, an established ongoing medical condition can be covered by FMLA. The original illness/condition qualifies as well as any follow-up events related to the original issue. An ongoing condition like cancer, diabetes, of heart condition can easily be covered by FMLA longterm.

 

[rudeguy]

Question OP ... what is a child doing having a diabetes "scare"? This is not good ...

Just curious.

Oh it was classic.

He has an insulin pump and his site came out. No big deal, I keep a "diabetes in a bag" kit in his backpack. Of course he had taken it out for some stupid reason so he didn't have a spare. Still not a big deal. His mom isn't working so I call her. I tell her what's going on and ask her to bring him a site. Apparently she doesn't have any. WTF? Ok fine. Pick him up and drop him off at my place, I have tons. So I think everything is groovy. An hour and a half later I get a call from lil rudeguy and he's freaking out. He managed to leave his pump at school. FUCK! I try to call his mom but she is MIA. OK fine, time to go. I let my boss know I had to take off. I came home and checked lil rudeguy's blood. He was at 570, shaking like a leaf and freaking out because his blood has been high for so long. I gave him an injection via syringe and waited to make sure he was coming down. Once I made sure he was stable, I went up to his school (30 minute drive each way) and grabbed his pump. By the time I got home his blood was down to 400 something so I knew we were going in the right direction. A quick site change and I sent him to sleep it off. I checked his blood every half hour to make sure he wasn't going to roller coaster on me. By the time he was out of the water and awake it was 9pm, well after I get out of work.

Stuff like this happens usually once a year. No matter how much planning I do, shit falls apart.

 

[sjwaste]

Do you have a lawyer? If your HR dept is already escalating things and harassing you, talk to your attorney about it. He/she might send a strongly worded letter, and often times, assholes back off when they get something on letterhead.

Offhand, I don't know if any of the ATOT lawyers are licensed in your state, but others have chimed in and it's a federal law.

I don't have any practical experience in the area, at least not for many years, so I'm not confident in any opinion I can give you. So standard disclaimer, I'm not your lawyer, not licensed in your state, and not providing legal advice.

 

[rudeguy]

Do you have a lawyer? If your HR dept is already escalating things and harassing you, talk to your attorney about it. He/she might send a strongly worded letter, and often times, assholes back off when they get something on letterhead.

no I hate lawyers

But I have decided that if she escalates it this time, I'll call in some of my JDRF and ADA contacts.

 

[sjwaste]

no I hate lawyers

But I have decided that if she escalates it this time, I'll call in some of my JDRF and ADA contacts.

Don't hate lawyers. Lawyers just do what their clients need done. There's good, bad, and in between in there. But everyone who says they hate lawyers changes their tune when they actually need one. The trouble is, there are plenty of hacks out there - for instance, you wouldn't hire me for a tax issue, I work in higher education.

Honestly, if you live near a law school, your issue may be a good one for the law clinic there. You'd have students helping you, with attorney supervision. I don't know all of the facts, obviously, but based on what you've presented it does seem simple enough. It's usually free, so donate $50 or buy some beers if they do a good job for you.

 

[Jumpem]

You use FMLA for an afternoon off?

 

[rudeguy]

You use FMLA for an afternoon off?

I use it as a last resort when it's needed.
Two times total in 12 months

 

[Doppel]

What is with HR? At my company they are soooooooooooo fvcking useless.

 

[sjwaste]

What is with HR? At my company they are soooooooooooo fvcking useless.

HR's job isn't to help you, their job is to protect the company from you.

 

[AmdEmAll]

My brother had all kinds of trouble with whoever deals with FMLA for his company. He has migraines that can come out of nowhere and be debilitating. They kept asking for more paper work that didnt exist and they refused to talk to his doctors office over the phone. Kept saying they have to call them.. wtf?

 

[VulgarDisplay]

You use FMLA for an afternoon off?

I manage up to 90 employee's on any given day, and they actually call FMLA "Livin' The Dream" here.

It's pretty bad that they abuse it so much, and worse that our HR department does such a poor job of tracking the abuse.

 

[Doppel]

HR's job isn't to help you, their job is to protect the company from you.

This is true. What pisses me off is that they pretend otherwise, though.

 

[RocksteadyDotNet]

Just use a sick day.

 

[AmdEmAll]

I manage up to 90 employee's on any given day, and they actually call FMLA "Livin' The Dream" here.

It's pretty bad that they abuse it so much, and worse that our HR department does such a poor job of tracking the abuse.

How do you know they are 'abusing' it. As long as its within the governments guidelines there is no 'abuse' technically. And its no ones business why they are using it other than those that need to know.

 

[jagec]

What is with HR? At my company they are soooooooooooo fvcking useless.

This has been the case at most of the places that I've worked as well. It's the Dilbert Principle in action.

Spoken like a true underling, I know.

 

[Ketchup]

At my company sick days and days off are all rolled into one, so I can understand why you would not want to use the time for an issue like that.

My company may be somewhat rare.

 

[RocksteadyDotNet]

At my company sick days and days off are all rolled into one, so I can understand why you would not want to use the time for an issue like that.

My company may be somewhat rare, as they were most helpful making sure I got the information they needed and put it through without issue when I needed to use it.