Us labor laws on fmla

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Us labor laws on fmla

I have an employer who is harassing me at work,
putting me on the schedule, and then writing me in
as no call, no show when I don’t show up, even tho I
have been approved fmla, she has documention
from my dr. As well has the papers I filed for a leave
of absence. I want to believe that because I have
been approve for fmla that she is breaking a us labor
law.

Asked on June 14, 2017 under Employment Labor Law, Tennessee

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Assuming that your employer is in fact covered by FMLA (FMLA only applies to businesses with at least 50 employees located within a 75-mile radius) and that you are eligible for FMLA (been there at least a year; worked 1,250 hours in the past year), then it would be illegal to retaliate against you (e.g. harass you) for using FMLA; you have been given the right to leave under federal law. You could contact the department of labor, which enforces the rules in relation to FMLA, to file a retaliation complaint: she may be required to stop doing this, or in some cases, you might be entitled to compensation.


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