FMLA rights - is this against the law?

Question

A friend of mine has severe rheumatoid arthritis. She goes to work everyday, but of course, there are certain times when she can't even get out of bed, and subsequently can't work. During these times she has always called in for a vacation day (and has to go to the doctor each time to get a cortizone shot), but her work has just informed her that every time she calls in for a vacation day, they are giving her a "point" against her record (of which they never told her this until she asked to see her vacation records). She gets 12 points a year and then you get "written up", suspended, and fired respectively for each occurance thereafter.

Her doctor told her to apply for FMLA leave and he completed the paperwork, but her work is telling her that they want 30 days notice before each occurance. This is not possible because she never knows when her arthritis will flare up. Is this legal?

Answer 1

Nope - they cannot require 30 days notice. They can ONLY require notice WHEN it is possible for her to tell them ahead of time. Her physician can fix this one. He needs to write a general letter explaining that she has no advanced notice of the flare up of her disease. If they give her further problems, she needs to see an employment litigator immediately.

Answer 2

If all employers received a pay increase in Feb, you should get your raise too. - However, you might have to work the period of time you missed before you get the increase. For example: you went off work around Jan 1 and they got their raise sometime in Feb, so we will say Feb 5th = that's about 6 weeks. - If you return on April 4th, you may get the raise on that date or you may have to wait 6 weeks and get it around May 15th. Are you able to fight for the extra hours? It depends: - if most people are working less hours or they laid people off while you were gone, then it sounds like a total business decision - if you only told them today that you were returning, no because the might not be prepared for your return. - if it's something else, you might be able to fight for the hours, but officially you aren't even eligible because you didn't return within 12 weeks. I would have to review your record, but I don't think you meet the terms of FMLA or CFRA (California Family Rights Act). You have 12 weeks off work protected TOTAL. This time runs at the same time as SDI and PFL. - when was the last date you worked? - if you worked until the birth of your child, you worked up to Jan 4. 12 weeks after that is Jan 5th would have been March 30... based on you working until the baby came, you have already exceeded your FMLA proectection (should have returned yesterday or today). If you went out early, you are way past FMLA/CFRA If you had a problem with your pregnancy you might have additional coverage through PDL (California Pregnancy Disability Leave) but since you haven't mentioned it, it doesn't sound like you would be covered an you can't decide to add it now. Add'l info = if you left on Dec 19th, you are WAY past FMLA/CFRA job protection...

Answer 3

If her FMLA paperwork has been done then I don't think they can do that based on what I've seen where I work with people who have FMLA approved. I call in with the flu and have a dr's note proving I was actually sick on a Saturday I get one of those points and because it was a Saturday I have to make it up on a Saturday I would have been off. Someone on FMLA calls in that morning due to FMLA situation then they don't get a point and don't have to make up the Saturday. It is time to consult a lawyer.

Answer 4

Good grief.

Tell her to go on the FMLA website, get the phone number and call them.

Why are you asking on here.