Q: I was sent a proposed removal from the VA. I need to know what my rights are if any? I have had no prior write ups.
I have been on FMLA the last three years. I have a new supervisor that did not explain to me that my FMLA needed to be redone in order for me to have it again. For some reason when I went to do all my paperwork there were more added steps that were not required the previous years and I kept telling my supervisor these things and she wouldn't explain it. I was on approved medical leave when I recieved the proposal in the mail. The dates in question are from March 20th 2017 to June 2017. My mother passed away on 3/22/2017. It was not easy for me to deal with. I was also in treatment for ptsd, depression and anxiety. I was trying to work on getting better to return to work. I also was having issues prior to my mom passing with my new supervisor. I was in the process of filing a discrimination compliant prior to her death. She has not worked with me on having a safe working enviroment. The new accountability law that Trump passed is getting many government employees fired.
In general, an employer must provide certain notices and responses to employees regarding FMLA leave. See, e.g., https://www.dol.gov/whd/regs/compliance/whdfs28d.pdf . In addition, it is unlawful and gives rise to a particular cause of action if the employer terminates an employee in retaliation for exercising or attempting to exercise FMLA rights. See, e.g., 29 U.S. Code § 2615 and § 2617.
This is not legal advice to you, but a general idea of the law. Whether and how it applies to you would depend on the details of your employment.
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