Any FMLA experts here?

[Anonymous]

Adult DD was just terminated from her job while on FMLA for a chronic illness. However, she never got a copy of the FLMA (or termination) paperwork, making me wonder if they even put her on it. And of course this company does not have their own HR - it is outsourced. Anyone have any advice?

[Anonymous]

You Can be terminated while on FMLA, but not for being out on FMLA is the leave meets the criteria for the FMLA leave. So the question is why was she terminated? She needs to ask for the termination paperwork.

Also, her job only needs to be held for 12 weeks unless she applies For and is granted a temporary extension under ADA. So, how long was she out and if more than 12 weeks did she apply
For ADA?

[Anonymous]

What do you mean they didn't give her the FMLA paperwork? How can she be on FMLA without paperwork? Did she and her doctor fill out their portions?

[Anonymous]

Agree with the PP, and...

Did she get any paperwork at all? This seems very unusual to me. There would generally be some information about benefits, COBRA, final pay, PTO payout, etc. There is often also a general waiver & release to sign, in exchange for severance in a job elimination situation.

Did she apply for Long Term Disability (LTD) for after her FMLA leave ends? That might not change her situation now, but if she is near the end of FMLA that might have been something she had in process.

Hopefully they've offered her some severance, which might include money to cover COBRA payments to maintain her health insurance since she was on leave for a chronic health condition. If they didn't offer it, I would recommend that she ask for this.

[Anonymous]

No - no termination paperwork and no FMLA paperwork. This is NYC. It's hard for her to tell if this was a legitimate termination or not under her FMLA provisions when she was never given a copy of the paperwork. We may have to file a complaint with Department of Labor.

[Anonymous]

Did she go through the entire FMLA process or just state her need/desire for FMLA and not follow up?

[Anonymous]

Anonymous wrote:No - no termination paperwork and no FMLA paperwork. This is NYC. It's hard for her to tell if this was a legitimate termination or not under her FMLA provisions when she was never given a copy of the paperwork. We may have to file a complaint with Department of Labor.

Is this a chronic condition with an acute hospitalization or something with a lot of outpatient treatments/ intermittent leave? Here are some FAQs. https://www.dol.gov/agencies/whd/fmla/faq

If, for instance, the employer knew she was in the hospital they should have notified her and given her the FMLA paperwork to fill out. Then she'd have had 15 days to get out filled out by a doctor certifying she has a serious medical condition.

I still don't understand how she thought she was on FMLA leave if no paperwork changed hands, or are we misunderstanding you?

[Anonymous]

By the way, I've called the Department of Labor years ago. I forget whether it was about FMLA or another benefits issue, but they were helpful.

[Anonymous]

Anonymous wrote:No - no termination paperwork and no FMLA paperwork. This is NYC. It's hard for her to tell if this was a legitimate termination or not under her FMLA provisions when she was never given a copy of the paperwork. We may have to file a complaint with Department of Labor.

She should ask for a copy of her FMLA paperwork and any documentation relating to her termination. How does she know she was terminated? Why does she think she was on FMLA?

[Anonymous]

They don’t necessarily need to give termination paperwork but she should have received something saying if her FMLA leave was approved or denied. If she had a FMLA leave request pending and was terminated for attendance issues, that’s a problem. If she was terminated because the job ended, or because of performance issues that arose before the leave, that’s not a FMLA violation.

If she is in NYC, she may well have more rights under ESSTA that are applicable.

[Anonymous]

She received no termination paperwork whatsoever and when she asked for it was given a piece of paper with her dates of hire and termination. She had applied for FMLA and they said she was approved for absences up to 4 per month but they wouldn’t approve any late arrivals even though the physician indicated them in writing, and they asked her to get something more specific documented. That was two weeks ago. Before she could get the late arrivals clarified they terminated her for arriving 5 minutes late 2 different mornings. She doesn’t want this job back. File a compliant with DOL or let it ride?

[Anonymous]

Anonymous wrote:She received no termination paperwork whatsoever and when she asked for it was given a piece of paper with her dates of hire and termination. She had applied for FMLA and they said she was approved for absences up to 4 per month but they wouldn’t approve any late arrivals even though the physician indicated them in writing, and they asked her to get something more specific documented. That was two weeks ago. Before she could get the late arrivals clarified they terminated her for arriving 5 minutes late 2 different mornings. She doesn’t want this job back. File a compliant with DOL or let it ride?

Let it ride, not worth the fight but its silly to five someone for being 5 minutes late, but she shouldn't be late. Aksing for 4 days a month off is a lot (I have a bad chronic illness to the point I can no longer work).

[Anonymous]

Anonymous wrote:She received no termination paperwork whatsoever and when she asked for it was given a piece of paper with her dates of hire and termination. She had applied for FMLA and they said she was approved for absences up to 4 per month but they wouldn’t approve any late arrivals even though the physician indicated them in writing, and they asked her to get something more specific documented. That was two weeks ago. Before she could get the late arrivals clarified they terminated her for arriving 5 minutes late 2 different mornings. She doesn’t want this job back. File a compliant with DOL or let it ride?

What was her job?

[Anonymous]

Anonymous wrote:No - no termination paperwork and no FMLA paperwork. This is NYC. It's hard for her to tell if this was a legitimate termination or not under her FMLA provisions when she was never given a copy of the paperwork. We may have to file a complaint with Department of Labor.

File a charge with EEOC instead.

[Anonymous]

Anonymous wrote:

Anonymous wrote:She received no termination paperwork whatsoever and when she asked for it was given a piece of paper with her dates of hire and termination. She had applied for FMLA and they said she was approved for absences up to 4 per month but they wouldn’t approve any late arrivals even though the physician indicated them in writing, and they asked her to get something more specific documented. That was two weeks ago. Before she could get the late arrivals clarified they terminated her for arriving 5 minutes late 2 different mornings. She doesn’t want this job back. File a compliant with DOL or let it ride?

Let it ride, not worth the fight but its silly to five someone for being 5 minutes late, but she shouldn't be late. Aksing for 4 days a month off is a lot (I have a bad chronic illness to the point I can no longer work).

4 days off a month is less than the amount allowed under FMLA.