Rio Rancho, NM asked in Employment Law and Employment Discrimination for New Mexico

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.

1 Lawyer Answer

Trent A. Howell

Answered
  • Employment Law Lawyer
  • Santa Fe, NM
  • Licensed in New Mexico

A: 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.

1 user found this answer helpful

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