What to do about FMLA and harassment?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 8 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption