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August 2015 Moms
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FMLA

kveeh84kveeh84 member
in August 2015 Moms
Hi everyone! I was just wondering if anyone knew a bit more about FMLA than I do or can research about it. I found out I was pregnant in Dec and told my boss right away, however around Christmas time I had started to experience severe morning sickness and this is still continuing, I have missed a lot of work due to it but never was given a warning or told my absences were a problem, however when I brought up getting FMLA paperwork because my Dr. had mentioned it to me, my boss consulted with the companies lawyers and I was ultimately fired. I found out Thursday night via text and am still waiting for my letter of termination to come in mail for their reasoning for the firing but I was just curious if FMLA starts from the time you tell your employer about your "condition" or when you actually get the certification? Any help would be appreciated as I am freaking out!!
Thanks! 
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Re: FMLA

  • hjphillipshjphillips member
    FMLA doesn't start when you tell your boss about your condition, it starts on the determined and approved start date. Odds are, you're being fired for missing too many days of work. It sounds like your boss just didn't tell you that you were missing too many days.
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  • sandrabrookesandrabrooke member
    Well, regardless of FMLA, the fact that you were given NO warning and fired is a problem in the first place.  I guess I don't have enough background, but anywhere I've worked in the past has always had to put people on performance improvement plan type of things.  (even when I was doing fast food-ha!)  

    This just sounds shady to me.  But im no HR specialist.  
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  • hjphillipshjphillips member
    Yeah, it seems really problematic that you weren't warned. I'd say that's on your boss. I was warned ahead of time that I was missing too many days from my morning sickness.

    Honestly, an email to HR could be in order. They can likely explain exactly what's going on in your case.
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  • bpwife&mamabpwife&mama member
    Do you have a handbook you can consult for an absence policy? I get so many hours in a year at my work, but if you use too many of them in a 6 month rolling period, you are subject to discipline. First a verbal warning, then a formal write up, then termination. My boss also must consult with advice and counsel before actual termination. Sounds to me like you also got fired for too many absences, but you will have to wait and see.
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  • MissusTexasMissusTexas member
    Since you were not warned in any way, I would definitely fight it. I fought for unemployment because I was fired even though I had FMLA leave, and I won. It was a pain in the neck but I knew I was in the right so I stuck with it. I only ended up on unemployment for a few months because I decided to stay at home, but that extra money helped at the time.

    I'm sorry you're dealing with this!
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  • acgonzalez22acgonzalez22 member
    FMLA starts based on the determination letter approval and Dr. documentation. I would speak with HR. There are policies in place regarding absences. I had this happen as well and was awarded unemployment.
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  • SaratiffSaratiff member
    How much did you call out? We have legal 40 hours of protected sick time. And then it becomes progressive discipline. Any idea how much you used?
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  • laurasuzanne2006laurasuzanne2006 member
    Fmla you need to get approved paperwork. If you missed too much work you got fired for that
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  • MamaFrizzMamaFrizz member
    Hi- also FMLA also has requirements to meet in order to be eligible for it. Generally you have to have been with the company for 12 months and worked a minimum of 1250 hours the previous year. I work in HR and I think it is very wrong that they didn't give you any warnings that you were missing too much work. If it were me I would look into specifically why you were termed and possibly apply for unemployment. Good luck!!
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  • kveeh84kveeh84 member
    I sent e-mail on March 9th stating where to send fmla paperwork, did not hear anything back about whether I was approved or denied until April 2nd. They came back and said I did not meet the 1250 hour requirement, I was about 18 hours off, they used March 27th as the end date for the 12 month period and not the date of fmla notice if that matters? Thanks for all your guys' advise!
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  • sandrabrookesandrabrooke member
    So, if you didn't qualify for FMLA until March 27th, none of your days off (if they were somehow FMLA eligible normally) would have counted anyways.

    Now....I still think you need to check your handbook about attendance policy.  If they fired you for that, that is valid, but it almost sounds like your boss didnt want to mention your excessive absences and then surprise you by firing you.  If your employer had warned you, you probably would have shown up so you wouldn't have too many absences--which would mean you wouldn't be fired, and ultimately would need maternity leave.  Sketchy...
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  • kveeh84kveeh84 member
    Just found my handbook and this is what it says "Because of the difficulty in defining what an excessive absence is, the office manager will provide advance notification via progressive disciplinary action (if possible), whenever excessive absences occur."
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  • mommaKCSmommaKCS member
    edited April 2015
    Although you probably can't fight to get your job back, you will likely win unemployment - they may not even fight you on it at all, simply because you're pregnant and would have a difficult time showing enough cause to win a mediation. Right to work laws make it so that employers do not have to have a valid reason to let an employee go (it just can't be discrimination based).... However, a pretty good reason is necessary in order to be denied unemployment benefits. I'm sorry you're going through this!

    Everyone rise was right about FMLA - it would have to be approved first, it's not retroactive.
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  • comeonbfpcomeonbfp member
    Depending on what state you are in, the employer may not need to give any warning. Right to work states do not require warnings or reasons to terminate employment. I'd still check with HR.

    Your fmla doesn't start until you have HR approval though.
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  • JennicolemillerJennicolemiller member
    If you were not with a company for a full year you do not qualify for FMLA
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  • tarheelgirl8tarheelgirl8 member
    @kveeh84, I think the fact that your boss didn't follow the organization's stated policy is your best bet to fighting the termination or getting unemployment benefits.  As others have mentioned FMLA has to be approved and there are a lot of qualifying circumstances that you may or may not meet.  But if your company's policy is to notify the employee in writing when they are having excessive absences then your boss clearly violated that.  I would speak to your company's HR representative.  The only concerning part is that the quote that you mentioned leaves the policy slightly open to interpretation by stating "if possible".  Were you in the office at all while the office manager was there?  If so, then there was sufficient opportunity for your boss to address & document the situation if it was unacceptable in his or her opinion.
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