#FMLA #retaliation #workplaceissues
Hey everyone, I need some advice and support here. I’ve been on intermittent FMLA for over two years now, and lately, my supervisors seem to get really annoyed whenever I have to use it 😒. Here’s what’s been going on:
– My numbers at work are lower on the weeks when I take my FMLA, and I even got written up for it last week 📉.
– I’ve asked if my FMLA time is factored into my numbers, and I keep getting conflicting answers 🤔.
– My supervisors make me feel guilty when I do use my FMLA, and one even called me on my cell to tell me to notify them in advance – but how can I plan when I’m going to be sick? 🤷♀️
– I had a trainer point out that my production would be better if I had been there on those days, which feels unfair and frustrating 😠.
I’m feeling confused and lost. Is this retaliation? And is what they’re doing legal? I want to stand up for myself but I’m not sure how 🤷♂️.
Possible Solution:
– Keep detailed records of all interactions with supervisors and HR regarding your FMLA.
– Consult with an employment lawyer to understand your rights and options.
– Consider seeking advice from a union representative if applicable.
Let’s discuss and share our thoughts – I could really use some guidance right now. Thanks in advance! 🙏🏼
Do the math. When I was on intermittent FMLA in a production-centered environment, they told me that they were taking my actual hours worked into account, but they were not. Calculate out your actual production divided by time actually worked and see if it matches what they’re telling you. If not, provide it to management in writing. They shouldn’t be penalizing you for using FMLA.
Edit to say that I am not HR, just been there before.
You haven’t described anything retaliatory – they can ask that you notify them and your answer would be that you have been notifying them. A trainer is not likely to be looped in on what days out are fmla and which ones aren’t. It would be retaliation if you were written up for your production being low or not given appropriate merit but you haven’t mentioned either of those things or anything where you are being negatively impacted in retaliation for your fmla.
A few things:
Your employer is entitled to reasonable notice of when and for how long you’ll be out. If you don’t know, you can tell your boss “I do the best I can keeping you informed, but sometimes I just don’t know in advance” If your boss still doesn’t back off, tell HR.
The trainer likely has no idea about FMLA. FMLA and ADA information is kept “need to know” and a trainer doesn’t need to know. Talk to HR or your boss about getting any negative marks reviewed.
Your production needs to be pro rated. So if you’re expected to make 100 widgets in a full week, if you miss 1 day (20‰) a week, your quota should be adjusted to 80 widgets. 75 widgets isn’t good enough. So just so some basic math to figure out if your numbers are being pro rated correctly. If they are and you’re falling behind, they can discipline you for missing targets. If you’re right where you need to be, take your numbers to HR.
Are you staying within the number of days / hours per week/month that your doctor certified you for on the FMLA paperwork? If you are taking off more time than your paperwork allows, then you can be punished for that and need to get your documents redone.