Q: I work for an employer with over 200 employees and I receive FMLA due to health issues. Originally my Manger started
Originally my Manger started off sending messages while on leave to me about work related concerns eventually it transpired to I need to let them know ahead of time if I plan on being out of work. I was told my attendance is an outlier and that instead of staying home not doing anything come to work instead. Fast forward to today’s date my first day back at work after 6months I was served a write up for my attendance.Also there was another employee who was out on leave the same amount of time and she was offered a one on one training when I told my supervisor I was not ready to get on the phone today she said aww I’m so sorry to hear that but you’re getting on the phone today
A:
The FLMA is not intended to be used as any kind of excuse to avoid going to work. The FMLA is intended to help people who have demonstrated some legitimate short term health concerns or who have family members with legitimate short term health concerns--i.e., are expected to last six months or less.
People who are out on FLMA approved sick leave for six months usually must either return to work or quit. They cannot rely on the FLMA. However, people with real disabilities are entitled to ask for an "accommodation" under another law called the Americans with Disabilities Act.
A:
Hmm, seems like some of this might be a violation of the Family and Medical Leave Act but some of this does not seem like a violation, such as an employee refusing to do work assigned. Unfortunately, unless you need a medical accommodation for some sort of job related task, which does not mean the company has to automatically grant the accommodation request , the employee has no right to refuse work assigned unless maybe some sort of contract or union rights that have been negotiated prior to employment.
All in all, I highly suggest ASAP that you contact an employment attorney to help handle this situation correctly.
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