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Is This Discrimination?

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Badhead

Junior Member
What is the name of your state? MN

I've worked at the same company for 23 years. For the past 2-3, I've taken FMLA intermittently for chronic daily headaches/migraines.

In early June, I was out 9 days with my doctor's approval because my head pain had gotten out of control; and both the doctor and I felt I needed to break my normal daily schedule for awhile to try to get out of this cycle.

About 3 weeks ago, my supervisor called me into a meeting room, she had written a memo entitled "Performance Expectations".

Let's jump backwards a bit here, as I've been intermittently out, I've heard many comments from her, like "What are we going to do with you?" On my performance appraisals, she counts my attendance against me; even though it's covered under FMLA, and things of this nature.

In this meeting, needless to say, I was furious. I asked her what she was doing? She said she wanted to go over my "job expectations" with me, because she needs someone there full-time, and I'm not doing that.... I asked her if anything was being done late and she claimed, "NO."

I said I didn't understand, then, what she was trying to accomplish. What she had also put into this memo was the fact that she wants me to call her every single day I'm out on any kind of leave. I asked her if she meant like the 9 days I missed earlier, and she stated yes. I said "No way am I going to do that. I had proper doctor documentation and no one else in the company EVER had to do that." The only thing the company required was a notice to the occupational health nurse. I said that she wasn't even privy to information as to the "why" I was out even. And I felt she was harassing me.

I've also spoken to her about that, as she used to blab that around to lots of people when I'd be gone. People would ask, "Where is ________?" And she would say, "______ is out AGAIN with a migraine." So when I would come back to work, so-and-so would say to me, so you were out with a migraine? And I would be pissed off! I wouldn't give these people the time of day normally. Why would I tell them why I'd been out? I asked my supervisor several times to NOT tell people ANYTHING about me and it took several times for her to comply.

Also, from the time I was out for 9 days until this meeting, she wouldn't even talk to me. I mean NOTHING. She's my conduit to what is going on in the company, and she refused to even be civil to me.

I went to HR and talked to a person in there about the memo. She told me that my supervisor had come to her the week before, asking if it would be okay to write this memo to me. So, I knew right away that I was going to get nowhere within HR.

I told this HR person that my supervisor was harassing me about FMLA and that she couldn't do that. She said, No she isn't. I said yes, she is. She can't require me to call in every day I'm out on FMLA. And the HR person said, Yes, she can. I said no she can't.

Then, I realized what the thought was here, so I said.....I DO call her when I'm out for one day or a couple hours...that's called "common courtesy." I don't need to be told to do that.

She wants me to call her every day when I'm out for an extended FMLA leave, like for 7 or 9 days. The HR person said You're out for leaves longer than one day? I said yes. The HR person just stared at me for about 1 minute, not saying a word. Then said, "Well, I guess we could mediate that....blah blah blah." I said, well, I guess I'll have to think about this some more. I'm not getting anywhere here.

That pretty much wraps up what I've been going through. Needless to say, it's definitely put a huge amount of stress on me. It's just me and my supervisor who work together. There aren't any more people. She has created a very bad situation here, in my opinion.

I feel I'm being harassed. What is your opinion? Do I have any rights at all here?

Badhead
 


S

Sinsaint26

Guest
This is not discrimination but it does sound as though they may be violating FMLA. The agency that investigates these matters is the Department of Labor.
 

enjay

Member
How much FMLA leave are you using per year and is it in addition to or instead of your regularly accrued leave? Are you working enough hours per year for FMLA to apply?
 

Beth3

Senior Member
Badhead, regardless of FMLA leave, an employee is required to comply with an employer's absence notification policy. The question here is whether ALL employees on leave, regardless of what type, are required to call in daily while out. I doubt that's the case. Typically, when an employee appropriately notifies their employer they will be out for "X" number of days (say, due to a funeral), most employers find that sufficient.

I think it's a borderline FMLA violation situation. You haven't actually experienced any adverse employment action (i.e. you haven't been fired, demoted, refused a promotion, etc.) other than your supervisor being a jerk but I would still give the federal DOL a call and see what they have to say.
 

Badhead

Junior Member
There's no question I qualify for FMLA leave. And yes, I concurrently take Short-Term Disability along with it. All that is required is that the Occupational Health Nurse be notified INITIALLY, she will instruct, if necessary, on what needs to happen or not.

I've done this several times in the past. And I do know that there are confidentiality issues regarding FMLA, which are also being broken in this situation.

Here's my take on the "why" she is doing this to me:

1. She is a control freak. I've never, ever met anyone even remotely close to this kind of control freakism. It's amazing!!! For whatever reason, she is feeling like things are not in her control, and she panics when that happens.

I wasn't even close to being late on doing any of my job. I asked her repeatedly in our meeting if I missed a deadline or something. She said, "no." I kept saying, I don't understand what the problem is then. She just reiterated several times that a full-time person needs to be here to do my job and that wasn't happening, so she felt by my calling her every day when I'm out on FMLA (which I KNOW I DON'T HAVE TO!!) will change something.

Even within my company, it states on the paperwork to contact the Occupational Health Nurse. I call my supervisor as a courtesy.

The HR lady pretty much summed it up like this, "My boss is feeling overwhelmed right now and is worried about work not being completed on time." I AGAIN stated work is definitely being done on time. You can ask her. The HR lady said, well, your boss doesn't see it that way. It's just you and her in the department and she feels overwhelmed!!"

In all my reading on various websites, my conclusions and why I think this could be harassment are:

1. Derogatory comments regarding FMLA leave.
2. I feel by her demanding I call her every day I'm out on a
continuous leave, that is harassment, as that goes way
beyond what the law says employer's may ask, particularly
my supervisor. There are definitely confidentiality issues
with FMLA, and I'm not even sure my supervisor has a "right"
to know the "why" that I'm not there even.
3. On my last year's performance appraisal, I did get points
taken away for attendance, when most of it was FMLA.
FMLA is NOT to be counted as occurrences for attendance
purposes. In fact, there should be no negative anything
from it.

I've seen other employees here get raises of 5% just coming back from being gone over 6 months!!! This particular person NEVER heard ONE WORD about being out.

It's just not fair!!

Badhead

Still the Dept. of Labor?
 

Beth3

Senior Member
Yes, still the DOL. I'm not sure you have a terribly strong case for an FMLA violation but they certainly are the people you should discuss this with.
 

Badhead

Junior Member
Thanks, Beth, for your comments. From what I've read, I tbought the law was pretty clear. Of course, I'm slightly biased now.

Thanks, for helping me.

I guess my next step is calling the DOL.


Badhead
 

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