What to do about FMLA and harassment?
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What to do about FMLA and harassment?
I am on intermittnt FMLA. In the first 6-8 months of being on FMLA, my supervisors (I had 2 during this time) allowed me to flex my schedule so that I could work a full week when my health allowed. In the past month, my newest supervisor, will not allow me to alter my schedule at all and insists that I deplete my sick leave. Other salaried employees are allowed to flex their time to allow for a 4-day work week or leave early when they work over another day but I have been told I cannot do this. I feel like I am being harassed due to being on FMLA. How to document this?
Asked on May 15, 2012 under Employment Labor Law, Indiana
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
FMLA is a strange situation to be in when working. You get a total of 12 weeks of unpaid leave time and must use your sick time or your days off during this period. Usually employers are not flexible about this but what you can do is contact your state labor board, get the facts in your state and the Equal Employment Opportunity Commission (EEOC). You will be informed on what exactly is permisisble. Now, it is a different situation entirely if you are being discrminated against. FMLA may not be flexible but you would need to get armed with all of your information and prepare to speak with the supervisor's supervisor. Period.
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