FMLA and discrimination

[Bisk]

I live in California

I'll try to make it as detailed as possible

I was given an Intermittent FMLA paper by my doctor on October, 28 2015 ( Under notes my doctor specified my fmla should cover from september 25 2015 to september 25 2016). My company outsources everything relating to HR to another company down in MI. So i faxed the paper to them and then i showed it to the on site HR rep (fax confirmation) so they could remove a previous warning i had, which they did, so i thought the problem was over and i stupidly threw the fax confirmation away. Later the outsource company started to send me notices that the paperwork was incomplete and they would highlight the areas of were the missing info was, even though the information was right below it. So i ignored them thinking it was an automated response and that it would clear up. January and February were pretty bad months for me and i missed some work and i used the fmla days. Got some notices again but wrongly ignored them because i thought that if there were any problems I would show them the papers and that was that. Fast forward to March 22 and i get called into HR here at my job and they hit me with a 180 day probation that started a month back from the day and they told me (february 25). I used some fmla days during that month that were not covered by fmla according to them, so i was basically going to get fired, so i called that outsourced company and i send them the fmla packet by fax again, now they tell me that the doctor's signature is outdated and that i need a new one, but that anything before Feb. 25 would not be covered, even though the note specifies it should, so i get them an updated fmla packet, still stating that it should cover from sep 25 2015 to sep 25 2016. They never honored that date, but they lowered the 180 day probation to a 2nd warning. I tried applying for a new position and they denied it because of those days. My question is if they are violating my rights? or are they doing the right thing? Another thing is my vacation days, the contract states that an employee must have worked 1600 hours for a full vacation, and if they do not have those hours worked they get 1 day every 150 hours worked (i've been here 3 years that's why). I called in a vacation day and they rejected that too. Is that violating my rights as an employee too?

 

[tranquility]

I live in California

I'll try to make it as detailed as possible

I was given an Intermittent FMLA paper by my doctor on October, 28 2015 ( Under notes my doctor specified my fmla should cover from september 25 2015 to september 25 2016). My company outsources everything relating to HR to another company down in MI. So i faxed the paper to them and then i showed it to the on site HR rep (fax confirmation) so they could remove a previous warning i had, which they did, so i thought the problem was over and i stupidly threw the fax confirmation away. Later the outsource company started to send me notices that the paperwork was incomplete and they would highlight the areas of were the missing info was, even though the information was right below it. So i ignored them thinking it was an automated response and that it would clear up. January and February were pretty bad months for me and i missed some work and i used the fmla days. Got some notices again but wrongly ignored them because i thought that if there were any problems I would show them the papers and that was that. Fast forward to March 22 and i get called into HR here at my job and they hit me with a 180 day probation that started a month back from the day and they told me (february 25). I used some fmla days during that month that were not covered by fmla according to them, so i was basically going to get fired, so i called that outsourced company and i send them the fmla packet by fax again, now they tell me that the doctor's signature is outdated and that i need a new one, but that anything before Feb. 25 would not be covered, even though the note specifies it should, so i get them an updated fmla packet, still stating that it should cover from sep 25 2015 to sep 25 2016. They never honored that date, but they lowered the 180 day probation to a 2nd warning. I tried applying for a new position and they denied it because of those days. My question is if they are violating my rights? or are they doing the right thing? Another thing is my vacation days, the contract states that an employee must have worked 1600 hours for a full vacation, and if they do not have those hours worked they get 1 day every 150 hours worked (i've been here 3 years that's why). I called in a vacation day and they rejected that too. Is that violating my rights as an employee too?

From the required poster for FMLA:

Employers can require a certification or periodic recertification supporting the need for leave. If the employer determines that the
certification is incomplete, it must provide a written notice indicating what additional information is required.

You wrote:

Later the outsource company started to send me notices that the paperwork was incomplete and they would highlight the areas of were the missing info was, even though the information was right below it. So i ignored them thinking it was an automated response and that it would clear up.

That alone seems a problem. (I might review https://www.dol.gov/whd/fmla/employerguide.pdf on the certification process to see if there is any violation. It's not the law, but a summary.)

Vacation days, while earned and an employee has a right to them, do not mean the employee has complete control over how and when they can be taken.

 

[Bisk]

Hi

The information WAS there though, i guess a computer does it because i called them later and the guy was like: oh yeah here it is!" But i still needed an updated signature which i got for them

 

[tranquility]

The information WAS there though, i guess a computer does it because i called them later and the guy was like: oh yeah here it is!" But i still needed an updated signature which i got for them

They felt is was not. It seems they acted according to the law and behaved as though they had genuine questions and may very well fire you because of your lack of response. But, I didn't really give an answer and gave you a resource where you could discover more about the requirements. At the end of the section I wrote about is a link to the actual law. I suspect there will not be a direct explanation about what to do if the employer feels the information is incomplete and the employee feels it is. Review the requirements to make sure you submitted everything. Then, if something bad happens you have an argument you can bring to an attorney who can actually review your specific facts and give you an opinion.