Comments on: You Can Get Fired During FMLA Leave

By: Warren

Warren — Thu, 11 Oct 2012 01:17:27 +0000

I work for a Government employer in the Jacksonville, Florida area. I got injured at work. While out on a long term injury under work comp, I was notified that FMLA was being imposed on me. I thought that FMLA was an employee benefit, now it may be used as an employer weapon. A 4 to 6 week injury under work comp can easily turn into a 12 week, loss of job. I understand the work comp system, but don’t understand the FMLA being imposed. Now I am stressed about losing my job. Do I have any recourse?

By: pen

pen — Thu, 29 Dec 2011 20:35:20 +0000

My father has health problems but have been good about attending to his job and is a hard working man. Yes, he’s taken some time off due to being sick and other health issues. But in the end he’s still able to attend to his work and do his job, well more than some others can as well. I’m quite upset that when he went in to give his paperwork of his oral surgery, he was told that if he wanted his job, he’s to cancel the appointment, or they’ll let him go. He chose to get his surgery, but, is that not wrong of them to just do that? I was thinking, he’d get something like a medical leave? He’d recover less than 12 weeks. at most probably 2 weeks?

By: Anonymous

Anonymous — Wed, 15 Dec 2010 11:11:07 +0000

Just because you are still sick and in pain is not justification for your employer to not terminate you. Gallbladder surgery is typically does not require 4 months off work. I went back after 1 week (yes it’s uncomfortable, but you deal with it and it gets better) I too do patient care. Employers have to follow these guidelines or they go out of business.

By: Anonymous

Anonymous — Sun, 28 Nov 2010 15:14:32 +0000

i called in sick due to chest pain and short of breath april 8, 2010 and hopitalized april 12 to 15 2010. then after one month have a gall bladder surgery. my doctor put me on std from april 8 to july 12, 2010. i have kept them informed and medical certificate provided during my absences. on july 1st, my manager told me that i need to come back on july 5, or i will be terminated. my doctor released date is july 12. i talked to HR and she said that by law my job is not protected anymore, i asked her why i do not have any information about fmla and i thought i’m using STD. she replied, i can check all the information thru website under dept. of labor. i write them a grievance letter that i want my job back and they cannot terminate me because i’m still sick and in pain, my job involved of lifting, bending and pulling patient. i’m a treatment nurse. my manager left me message, it’s ok, they will fix everything and she put me on schedule on july 16th. July 7 i called my manager, and asked her if she can extend my leave to august 6 because my sugery site still painful, and i’m having abdominal pain and occasional diarrhea due to gall bladder removal. and my doctor schedule me for a series of test, colonoscopy, ultrasound, blood test and abd. x-ray. my manager said it’s ok, that there is a lot of full time and part time nurses to covered me. i told her that i will give her my medical certificate. but after two weeks they have sent me a letter of termination, stated that i’m terminated dated july 12th due to fmla expired. is this right?

By: Anonymous

Anonymous — Tue, 12 Oct 2010 13:56:28 +0000

To the woman who posted initiating this thread — get a professional opinion. Contact an attorney who’s specialty is Human Relations/Employment law. No one is going to admit to being a racist however, the fact of the matter is, since President Obama was sworn into office, racial incidents have steadily been on the rise. Consult a professional don’t let your career be ended because of someone’s intolerance. You may not be able to do anything about it but, at least you’ll know what your rights are,
The most dangerous aspect of Institutionalized Racism is, it’s so insidious. It has become so much a part of the landscape, smooth and unobtrusive until it becomes almost invisible. It’s not until someone alerts you to it, is it really seen. Take for example Sarah Palin’s comment about the President speaking to a white Congressman “in an distrespectful and arrogant manner.) On the surface the statement is ludicrous at best, given the amount of education, the sheer number of personal accomplishments and last but not least HE IS THE PRESIDENT!!!! Her comment was ridiculous. However, it is upon a second look, that you realize her use of the word “arrogant” is so out of place. When was the last time (in US History) that a sitting President took a Congressman to task over an opposing view — and was denounced as “arrogant??!!!” It was a code word for BLack’s should be totally respectful and demur to a white male in every aspect whether he is right or wrong. This has been the prevailing attitude of white America in the US for centuries and it has not changed. Recently there was an article in Business Week?? stating that White America had lost it’s mind — because of a Black President getting in office.

By: Anonymous

Anonymous — Thu, 30 Sep 2010 08:42:44 +0000

To the woman who posted above, I am sorry to hear about what is going on with you. But please do not assume that your manager is trying to get rid of you because you are a black female. As a manager myself, we are in a very challenging position in which we have to look out for the employee as well as look out for the company. One key element in a situation similar to yours is whether or not there is an impact to your job and whether or not it’s being done. FMLA does allow someone to be out for an extended period of time, but after 12 weeks, the employee is expected to return back to work. I once had an employee who was sick frequently and our company did not have a sick policy. So it ended up being a very gray area due to the number of absences that she had. What I ended up doing, which worked out for both the company and the employee, was having the employee put on intermittent FMLA. This way, her sick time counted against the 12 weeks, but due to the nature of her illness, she wasn’t required to take 12 weeks straight. You might want to try that avenue with your HR department. But remember that FMLA only protects your job for 12 weeks; anything more than that I believe can result in termination.

By: Anonymous

Anonymous — Thu, 30 Sep 2010 08:35:54 +0000

I once let someone go whle on FMLA after giving birth. There was risk involved given that she was on FMLA and she was also in a minority group. The termination was the result of a work force reduction and was based on performance. I was required to put together a summary as to why she was being terminated instead of other employees who were in the same position as she was. The employee opened up a case with the EEOC, and I worked with HR to gather up all of the required documentation in order to prove that the termination was based on performance and no other reason. This employee seemed to have the idea that FMLA protected her from being terminated based on her reaction when I called to let her go. Given the summary that I wrote up, along with the documentation that I had had on past performance, , the EEOC threw out the suit.

By: Anonymous

Anonymous — Tue, 28 Sep 2010 11:26:29 +0000

I take care of my son who has congestive heart failure due to the complications of sickle cell anemia and he requires a blood transfusion every month. Also, I have diabetes which requires that I see my physician whenever my glucose level is high, which is quite often. My employers asked me use a time clock so that he could keep up with my time – no one else has been asked to use the time clock in the department. People come and go as they please, but I have to explain my every detail when I need to be off. My health condition is my business and I think that he can also use that against me and say that I use too much leave time. I am trying to be civil about the matter, but he does not seem to believe me, even with documented proof. Of course, I am a black female and he is a white male and I believe he is trying everything he can to terminate me. What should I do?