FMLA denied?

Question

Last year, I had FMLA for my father, unforunately he passed away in May. Then I called in several times because my children got sick, but no one told me anything becuase they(attendance unit) were coding my leave asFMLA, using my DEAD father's claim, and when they found out their mistake they placed me on corrective action. In other words they coded my absences FMLA even though I didn't have it, and then they went back and changed everything. Then they placed me on a final corrective action because they said I missed a day and I have proof I didn't. Then I treid to apply for FMLA but said I didn't qualify as I only had 1178 hrs. to call back in two weeks, but when I did, they would not take my application for FMLA as my hours were not updated so they didn't register that I didn't have 1250 hour for almost 1 month. During this time, I missed, but I had hrs to qualify for FMLA, and they counted days against me & denied right to apply for FMLA at least 6 times. What can I do ?

The reason I am mad is that during this time, I was not allowed to miss 1 day or I would get fired. Well, I had an aunt who had cancer and was dying. I wantd to go see her. I sent letter, emails to director of HR to try to have the situation addresed as I know that they were not applying the FMLA correctly, I threatened them with contacting Dept of Labor, and guess what--no one even had the courtesy to respond. Anyways, my aunt died and they never fixed this and to this date they have not , they insist I missed a day that I didn't and I have proof.; Calls to apply for FMLa are all recorded to they have proofthen denied my right to apply. Now I'm out on disability-psychiatric, in fact I was in psychiatric hospital because couldn't handle aunt's death and work problems. She had been like a mother to me. They never took the time to see my claims were valid and they were wrong. What do you HR reps think?

i guess i don't make myself clear. I didn't want FMLA for my aunt. I wanted days they counted in January when I tried to apply for FMLA not counted against me that way I wouldn't be on corrective action and then I could miss a few days and not get fired. I can certainly read and know that FMLa does not apply for my aunt but it does apply to my child therefore, I could have had FMLa for my child and not have it count against me. For all I cared I could have been placed on a final corrective action after I went to see my aunt for missing a few days and I could not have cared, but I was not allowed to miss becuase I if I missed one day Iwould get fired.

Answer 1

FLMA only applies to your immediate family. An aunt, regardless of how much you cared for her, would not have been eligible under FLMA. You have gotten yourself all worked up for something that you would not have gotten.

Edit.

If you feel that you should have been compensated for days related to your children The Department of Labor will handle the dispute.

Answer 2

Sigh. FMLA was sold to the American people as this great protection for workers, and all it really has proven to be is a loophole for companies to get rid of problem workers. People who get sick or have sick/dying relatives are viewed as problems, and this is a tool to get rid of you.

Once you have applied for a FMLA leave, you are entitled to 12 weeks off, regardless of the reason. If you miss more than 12 weeks of work, whether it was for your father, your aunt, or your own illness, once that time has accumulated, they can fire you.

It's sad and wrong, but it happens every day, and it happened to a friend of mine just recently.

It sounds like you have your hands full right now. I'd try to get better and find another job where you don't have any "history". Most places when called for references, will only verify dates of employment, so there is little chance this experience will follow you to your next job.

Best wishes.

Answer 3

theshadow is correct that FMLA doesn't apply to aunts. ouThere is an exception to this, if she acted "in loco parentis" while you were a minor. i.e. you lived with her and she was financially and officially responsible for your care.

If you were planning to go visit her, as opposed to actually acting in a caregiver capacity, then that would not have qualified even if it was for visiting a parent.

FMLA gives a limited amount of time off for very particular specified reasons, to employees who qualify and work for employers who are covered under FMLA.

For absences not covered under FMLA, your employer is entitled to make whatever rules they deem acceptable to them, as to how absences are handled.