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FMLA - Counting the Issues, unsure what to do at this point.

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OdeToAcuity

Junior Member
What is the name of your state (only U.S. law)? Indiana

My name is Amber, I've been working from home for an employer for the past three and a half years, that for the first year was absolutely phenomenal. It's not the highest paying job I've had but it has my insurance, and it was easy work for the most part - I received perfect scores for quality assessment, but during my second year, I began having symptoms and was quickly diagnosed with Multiple Sclerosis. Fatigue set in harshly, my vision blurred, my mobility suffered. I ended up in the hospital twice. When I was released from my first stay I filed for FMLA with my Neurologist and that's when things began to spiral downwards.

1. Employer would not get back to me on ANY information regarding how much time is left in my FMLA for the first year I had it.

2. There have been countless times when I would return from an intermittent FMLA break and have to take a paid 15 minute break to stay within schedule adherence. That 15 minutes was suddenly being coded as FMLA, for which I both wasn't paid, but also deducted itself from my 480 hours of allowable leave despite my being there and clocked in. It's small, but if I didn't take it, my adherence would suffer. Either way I was losing and as my second year with FMLA began, I had to firmly tell them what time I was back and start to watch my timesheet more closely. They still made the same mistake multiple times and sometimes it wasn't changed despite my pointing it out.

3. I started getting marked off on things that were never wrong before when I had quality assessments. It was a lot of nit picking on some items that were, to me, very subjective. There have also been contradicting assessments. Example., I was always told NEVER to read aloud the last four digits of the payment method as it was sensitive information, but then was marked off recently for not doing so when it was requested.

4. Two seperate answers on when my FMLA resets, management either tells me to contact HR, or gives me inaccurate information. HR is unresponsive overall.

5. I have also been told that FMLA takes from any Vacation Time I have and vice-versa, which essentially leads me to believe that as an employee, I can NOT utilize ANY vacation time without lessening my FMLA and feeling trapped. I can handle that for the most part.

6. Due to the MANDATORY extra time I am forced to sign up for and the unpredictability of my disease, I am at times feeling cornered into taking FMLA due to that requirement, despite having at first been assured that I would not be required due to this fact to sign up for extra time. My FMLA report states I can NOT work more than 8 hours a day and sometimes have a medical appointment on my days off, but am still required to work more hours.

7. My employer has recently written me up for taking too long after my calls end to try and finish notations on accounts. This is required that all agents are under 40 seconds on average for 'ACW' (After Call Waiting time for finishing notations on an account), but recently my hands are getting more easily fatigued and the stress placed on me isn't helping either by newer policies, and even more so when customers outright hang up on me. My employer makes NO accommodation despite my request and outright plea aside from at times writing up a plan to gradually pull me down to an acceptable level.

8. I was given a final written notice immediately after verbal written warning for taking too long after calls, about avoiding calls, but the system has had innumerable issues since I've been there, and while my supervisor admitted that, he also said that the issues were resolved and suddenly, I didn't have anymore dropped calls that same day. It should be noted that this supervisor (Jim) was suddenly no longer employed by Transcom less than 1 week later.

9. In 2014, there was a transition in our systems that I was a part of that directed us into a different type of platform. I specifically went from using VDesk, to Dizzion. On vDesk, calls were automatically answered and in Dizzion they were not. At times it would ring once and a second later be lost. The system later was pushed to where it was supposed to be auto-answered, but that never worked for me, and I was the ONLY one it seemed. I constantly told supervisors and they just ignored it as if it wasn't a big deal. On 7/14/15 I told my lastest supervisor, JoLynn, who said I would have to visit a back-end tech support team for assistance with that. We need to be written a ticket for it, and she never gave me one or sent me over to resolve.

10. On 7/14/15 I was told by supervisor that I would be able to have my acw waived if my doctor included that in my request for FMLA accommodations. I was then told later that this is not the case, after relaxing and was also told that I could have an accommodation for another break, but it would also be sucked from my FMLA. She told me I had "one week to WOW" her. It felt like a threat.

11. I was also told on 7/14/15 that my supervisor would find out when my FMLA resets within a couple of days because she doesn't know. It should be noted that this is the third or fourth supervisor trying to get me answers, since HR can be unresponsive to emails. As of now, I still have no answers.

12. On the weekend of the 25th and 26th of July, as per usual, our scores were delayed in telling us how we did with our ACW (After call waiting, the lower the better). On Monday, 7/27 we received the email and upon opening it, I saw my score for the 25th, which wasn't my best at 53 seconds due to having forgotten to go ready after one call due to severe fatigue. Sunday was much, much better for me (single digits better), but no where to be found in the email. I asked for an update from the sender, Supervisor Immanuel, who told me I wasn't viewing the email accurately. I double-checked, and still only saw Saturday. I replied with that and never received a response on Sunday's ACW, which will likely result in another write up if they are conveniently forgetting to count my good days over my bad.

I just don't know what to do with this situation.
 


cbg

I'm a Northern Girl
Not all of your issues are FMLA issues. But let's start from the beginning.

1.) I've never understood why so many people don't keep track of their own time. That's as much for your own protection as anything else. You should have some idea of where you stand if only to compare against what your employer shows and make sure you're getting all you're entitled to. I don't know any magic words to make your employer call you back but FMLA is not cumulative - if you don't use the whole 12 weeks in one 12 month period it does not roll over into the next, so it may be a moot point depending on how the employer defines the 12 month period.

2.) You're going to have to explain this one further. I know what "schedule adherence" means where I work - what does it mean to you? What 15 minute breaks are you talking about? Does everyone get them or is this only for you? We can discuss having them applied to your FMLA when that is clarified.

3.) This MAY be an issue but it depends on whether other employees are also being subjected to the same nit-picking.

4.) Depending on how the 12 month period is defined, it may not "reset" in the way you mean. Another reason why you should keep your own records.

5.) Sorry, but the FMLA statute expressly gives the employer to right to require that vacation be used as part of your FMLA. (It also expressly gives you the right to request that it be used so that the time can be paid instead of unpaid.) The employer is on firm ground with this one.

6.) Do all employees have mandatory overtime as well? Whether or not your employer is within or outside the law on this one depends on that.

7.) This is not a FMLA issue at all; this is an ADA issue. However, there are no circumstances whatsoever under the ADA or any other law when an employer is required to allow you to work outside the same specifications for a job that other employees have to stick to, or to accept sub-standard work. What accommodation did you request?

8.) I'm not seeing the significance here. This is also not a FMLA issue and I'm not seeing it as an ADA issue either (see above). Neither FMLA nor the ADA says you can't be written up or that the employer has to accept poor performance. What do you think the employer is doing wrong here?

9.) Again, I'm not seeing where this is either a FMLA or an ADA issue. Unless you're suggesting that someone deliberately sabotaged the system specifically to punish you for applying for FMLA. Excrement happens. Sometimes systems break down. Are you saying that the ONLY reason you were not given a ticket was that you'd applied for FMLA? That there's no possible way it could be honest error or oversight?

10.) Your supervisor is confusing FMLA and the ADA. I think you are too.

11.) And?

12.) Again, are you suggesting that despite the fact that the email was delayed for everyone, the fact that yours was incomplete can be for NO reason but to punish you for taking FMLA?
 

eerelations

Senior Member
Number 5:

I think OP is saying that if she takes vacation time, it will reduce her allowable FMLA time. So for example if she has 10 days in her FMLA bank and 10 days in her vacation bank, and she takes one day of vacation to go off and have fun somewhere, that means she only has nine days left in her FMLA bank.

I don't think that's correct. Using the same example, if OP has 10 days in her FMLA bank and 10 days in her vacation bank, and she takes one vacation day to have fun, this means that she has nine vacation days in the vacation bank and 10 days in the FMLA bank. And if she later takes all 10 FMLA days, her nine vacation days will be applied to the first nine FMLA days, and the 10th FMLA day will be unpaid.

That's just how I construed it. If I construed it wrong, it won't be the first time. :)
 

OdeToAcuity

Junior Member
Thanks cbg and eerelations for responding!

Thanks again and I can definitely clarify:

1.) It's way easier to keep track if I knew when it reset. :confused: No one seems to know or care to really find out. Reset being defined in the same way that yearly vacation time resets. I know it does, just not when since it was applied in April at first.

2.) Schedule Adherence is taking your scheduled breaks when they are scheduled. ie if I am 15 minutes late taking my 15 minute break, then I also don't get back until 15 minutes after, meaning I'm in total, 30 minutes out of adherence. Everyone does get a 15 minute paid break, sometimes 2, it just depends on your shift. I work from 3pm to 11pm, so I'm to take 2 15 minute breaks and 1 20 minute lunch. It's not ada or fmla as far as breaks are concerned.

3.) There were some other people who had the same issue, but they ended up just leaving. They were also people who had fmla, but they just ended up throwing up their hands and leaving, but it doesn't seem to be that way for everyone else.

4.) Another reason I need to know dates for those records. ie If it started over in April and I just assume it starts over in January and decide to relax a little about having to take that time off work for my medical problems in December thinking that on January 1st, I'll have my entire 480 hours back, I could easily leave myself in a bad situation. I rarely take time off, unless absolutely necessary, but it's still an issue I really need to understand more.

5.) Yes, and like I said, I'm somewhat okay with it since I don't get any sort of paid vacation time anyway, I just wasn't sure if that was right or not. Thanks for clearing that up :)

6.) Yes, we all do.

7.) I haven't requested anything specifically, I just wasn't sure if there was any kind of accommodation that would even be remotely acceptable and reasonable to request. I asked about it and they just keep pushing back with telling me to take more breaks under fmla.

8.) I think my employer is using system issues that everyone has had to try and push me out of my job, frankly. :(

9.) I'm saying that I've asked for help and have been ignored and I just feel like it's because of my attendance, due to intermittent FMLA.

10.) Probably, to be honest.

11.) Just reiterating that I've been asking for years for someone to tell me and again, I can't keep track if I don't know when it resets. :confused: Sorry, I've been compiling this list for a few months and really should have just referred back to #1.

12.) No, no, I'm saying that I'm concerned that they are not taking into account a good scoring day when calculating their scores and thereby, whether or not further disciplinary action is necessary.
 

justalayman

Senior Member
here is a link to the DOL page describing the 12 month period regarding FMLA:

http://www.dol.gov/whd/regs/compliance/whdfs28h.pdf

apparently it is employer discretion but they have to use the same method for all employees.


as to getting them to disclose which method they chose; no idea but I suspect cbg will




eerelations
Number 5:

I think OP is saying that if she takes vacation time, it will reduce her allowable FMLA time. So for example if she has 10 days in her FMLA bank and 10 days in her vacation bank, and she takes one day of vacation to go off and have fun somewhere, that means she only has nine days left in her FMLA bank.

I don't think that's correct. Using the same example, if OP has 10 days in her FMLA bank and 10 days in her vacation bank, and she takes one vacation day to have fun, this means that she has nine vacation days in the vacation bank and 10 days in the FMLA bank. And if she later takes all 10 FMLA days, her nine vacation days will be applied to the first nine FMLA days, and the 10th FMLA day will be unpaid.

5. I have also been told that FMLA takes from any Vacation Time I have and vice-versa, which essentially leads me to believe that as an employee, I can NOT utilize ANY vacation time without lessening my FMLA and feeling trapped. I can handle that for the most part.

not sure I understand what she means either but simply put;

fmla leave is fmla leave. whenever she goes on fmla leave the employer can require the employee to use a vacation day if available. It will still count as fmla leave and obviously it will also reduce future available vacation time.

If she takes vacation time that is not designated as fmla leave, it obviously reduces future vacation time available but it does not count against fmla.


I think the OP is simply in disagreement that she is required to use a vacation day, if available, when she takes an fmla leave day. In a way it does seem unfair but it is what the law allows.
 

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