Q: An employee on FMLA is charged with AWOL with doctor documentation for days charged. Is this a violation of FMLA?
I was written up and suspended for AWOL charges because my manager claims I didn’t call and leave a message on the dates I was written up for even though I presented my call logs that showed I did call.
A:
This behavior could be perceived as FMLA interference, an attempt to discourage you from using FMLA in the future.
The FMLA’s “interference” provision states it is “unlawful for any employer to interfere with, restrain, or deny the exercise of or the attempt to exercise” any right provided by the FMLA.
If you believe your rights have been denied, you should reach out to a local employee rights attorney for assistance.
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