What are my rights if My boss did not notify HR of my emergency leave so I got suspended?

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What are my rights if My boss did not notify HR of my emergency leave so I got suspended?

My wife needed surgery and I work in another state, so I put in for FMLA. However, the surgery went from elective to emergency a week prior to the scheduled leave date. My superior insisted that I go ahead and go and he would notify HR. Fast forward 2 weeks and I am back at work and I get called into HR and get suspended for not notifying anyone of my leave. I was in contact with my boss everyday via email keeping him updating on what was going on and when I would be back at work, something that he denied and I showed proof of. I was called the next day by several co-workers who are in the same situation, both had a go out for medical reasons and our boss said the same thing to all of us, “I will sort it out for you”.

Asked on July 9, 2015 under Employment Labor Law, Mississippi

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Assuming, as seems to be the case, that both you and your employer were eligible for and covered by FMLA, then if you told your boss and he said that he would take care of the internal notifications, they may not suspend (or fire, demote, transfer, cut pay, etc.) you, since doing so would be to retaliate against you for using FMLA leave to which you are legally entitled, and such retaliation is itself unlawful. (In this case, you fulfilled your obligation by notifying your boss, who then said he would take care of  the rest.) The employer should reinstate you immediately and pay you for the days you were wrongfully suspended. If they will not voluntarily do this, you could contact your state (or the federal) department of labor to file a complaint.


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