What to do if forced on FMLA by your employer?

Get Legal Help Today

 Secured with SHA-256 Encryption

What to do if forced on FMLA by your employer?

About 3 weeks ago Iwas called into the boss’s office and terrible, untrue accusations were made against me. I have been an RN in this 1 particular nursing home for a total of 18 years. They told me that Iwas put on FMLA immediately, no options. I asked why and was told that I was slurring my speech, acting bizarre, and could harm a resident. The then brought up meds that I’m not even on. That in itself should be a HIPPA violation. Just 3 weeks before that I got a good evaluation and a raise. They also let me work 27 hours in just 2 days right before this happened.

Asked on April 10, 2011 under Employment Labor Law, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You can't be forced to take FMLA leave against your will; Family and Medical Leave Act leave is a benefit for the *employee,* not the employer.

However, if you don't have an employment contract or agreement, you could be furloughed or suspended at will, which would have the same functional effect--and dthey can do this for any reason, such as slurreds speech, perceived threat of harm, etc., or even just that your boss doesn't like you. That's because as an employee without a contract or agreement, you are an "employee at will," and employers may fire, suspect, furlough, etc. employees at will at any time, for any reason. The only difference is that if the company does this, you are not using up any of your allowed FMLA days.


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