My daughter was on FMLA, I work 3rd shift, took her to an appt, and recieved a point. can they do that?

Question

I was on FMLA for my daughter, took her to an appt, regarding surgery the following week. When i went back to work I was given a point at work and told that since i work 3rd shift, I didnt need FMLA. All the paper work was filled out in advance by her Dr. stating i would need intermediate care for her, He was given the dates of the appts. But told me that on 3rd shift, unless it is an all day appt i wasnt allowed to use it. He wanted the Dr. to put in the times I was there. I asked him how long an appt had to be to qualify, and he told me that he would decide, and it depended on the circimstance. I thought FMLA was to care for your child. Also had an appt the week before and he told me that was ok. Does the employer have that much say in FMLA? Also if the Dr filled out the paperwork stating i would need time off does he have the right to refuse it?

Answer 1

Your supervisor appears to be an idiot - go to human resources ( as your company is big enough to have 3 shifts they must have an HR ). If HR doesn't understand the rules, report them to the state office that regulates the FMLA. Some sycophant managers try to use the same tactic for people who get jury duty, as if they can sit on jury duty all day & work all nite . . . it is illegal, but some nimrods in management will try anything.

Answer 2

Remember also the ADA and the states public policy in which you reside, protects any one assisting any disabled person to help them exercise or invoke their right under the law. Your employer is only concerned with his interest, and will over state his position under the law hoping you illiterate to his action. Even though he could be right with the shift differential, it would still have to be taken into consideration the stress, and fatigue that might be associated with dealing with your daughter illness, the FMLA and the states public policy to protect it citizens will cover you in the court room, where a question of this nature needs to be address, to stop this employer abuse of citizens illiteracy of their rights and the law. We need a call for Justice in America.

Answer 3

There's alot of things I'd do. Go on vacation to Utah. Buy a bunch of books for friends and family members. Buy some rap beats so I can make an album. Pay off my deposit.

Answer 4

It doesn't matter what shift you work for FMLA. see a lawyer

Answer 5

Get a lawyer, honey. Your employer is badgering you.