Any FMLA experts here?

[Anonymous]

Anonymous wrote:

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.

This is completely wrong. There is no minimum amount of time.

However if shes not wanting the job back, there’s nothing to be gained by pursuing it.

[Anonymous]

How long was she working for the company? How long was she on leave?

[Anonymous]

Anonymous wrote: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?

After you fill out the paperwork you are supposed to get a response. I found this out the hard way during my second to last extension. My employer didn’t allow application for 60 duty days except for childbirth. You have to reapply every 30 calendar days. My paperwork wasn’t processed the second to last time.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

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.

This is completely wrong. There is no minimum amount of time.

However if shes not wanting the job back, there’s nothing to be gained by pursuing it.

I'm not talking about a minimum. I'm talking about a maximum because the poster above me said "Aksing for 4 days a month off is a lot." It's not "a lot" as per the time covered by FMLA in a year, which is up to 12 workweeks per year, assuming the person has a qualifying condition and had their FMLA approved.

[Anonymous]

OP here. Anyone know if she should be entitled to unemployment?

[Anonymous]

Anonymous wrote:OP here. Anyone know if she should be entitled to unemployment?

Why aren’t you answering questions like how long she was employed and how much FMLA she took?

[Anonymous]

Anonymous wrote:OP here. Anyone know if she should be entitled to unemployment?

Unemployment depends on the specific state law. It’s worth applying.

[Anonymous]

Anonymous wrote:

Anonymous wrote:OP here. Anyone know if she should be entitled to unemployment?

Why aren’t you answering questions like how long she was employed and how much FMLA she took?

Sorry - lots of people to respond to. She worked there about 18 months. Never took any FMLA as they had barely gotten it into place (supposedly) when they fired her.

[Anonymous]

Anonymous wrote:OP here. Anyone know if she should be entitled to unemployment?

It depends on how the company responds to the unemployment claim. If they challenge it or provide a reason of termination due to cause, the unemployment claim could be denied. She won’t know unless she applies though so might as well do it. Just be prepared for all eventualities and most states do have an appeal process.