being harassed for taking family medical leave

[rehab nurse]

i got sick over the weekend. since i have asthma, when i get sick, i get bronchitis/pneumonia. i am on my abt, my nebulizer treatments every 4 hours, etc. now, i was off last thurs/fri and this mon/tue. i was supposed to work the weekend. i called in friday night and they didn't even recognize me.

today i got reemed for calling in for something besides my fmla, saying i was out of town at a conference, etc, and it was planned, blah blah. they don't believe my doc's note who wrote i was ill and should def not be around pts. i was home, in bed, sick as a dog.

how can they not "believe" a doctor's note? did they call and ask if i was there? no. did they call the doc and ask him since he's really the one who signed for my fmla? no. they call some conference they heard some rumor i wanted to be at, and she told them where to go.

i put a call in to corporate, and yes, i know this is public, but i don't care. i can't afford a lawyer. no, i hate my employer, they are laying off left and right, and i want out. but i need to finish school first, and that don't happen till october. so i have a while to wait. i am just an lpn, and i'll have to go to yet another nursing home. blech.

i can't afford a lawyer. i can't afford my bills..how the heck can i go on this conference? i can't believe it, i know my boss was just wanting me to start crying my head off, my usual reaction, and tell him i want to quit, and he probably would have whipped out a pre-signed note saying i quit. i mean, everything in this building has changed in the past two months. all new management. a brand new DON who i met today in admin's office. (great way to meet a new DON, right?).

so, i know there's those here who have intermittent leave, or who deal with it, cause i've talked with y'all before. my question is, how deep do i go witht his? who can i report it to outside my org? labor board, who?

help!

(and yes, after the tamiflu and 7 days of ketek, and xopenex 1.25mg q 4, i am almost better....fyi)

[Stitchie]

I had a similar situation -- ultimately fired for taking FMLA around the holidays. Long story, but DH & I were out of the country, to Poland, to adopt our daughters.

The management manipulated me into going to the dumping ground hospital of the hospital -- that lasted one day. I called the HR hag and asked her when I can expect to use see the 'adoption assistance' checks that they dangled oh so happily in front of me.

I didn't get a dime. No lawyers, no reported the horrid conditions in that ER, nothing but "You said you did this, now you're denying it" (off the wall comment from HR whanker who didn't know me from her elbow.

They didn't even pay my PTO. I got the "oops it was a mistake" -- which was paid out 10 months after I left. No explanation (not that I needed one), no recompense or interest paid on my money. I had 69 hours of PTO saved up to use for my FMLA.

So the moral of my tale of woe is that if you hate it, leave. Can you work in a doc's office thru the rest of your schooling? Will you recieve your RN in October? If so, try to stick it out, find a better job, and leave on a professional level.

Good luck to you. Keep us posted to see how things come out for you.

[Weeping Willow]

A doctor's note is sufficient. If they don't believe you, they can check with the doctor.

If they fire you or force you to quit because of intolerable work conditions, you can probably get unemployment. Check this out.

[TazziRN, RN]

They cannot check with the doctor because of HIPAA, but your doctor can, with your permission, contact HR and say "Excuse me??"

I realize you need the money because of school, but if it's that bad I would suck it up and go to an LTC if that is what it takes to get out of there. You don't need an attorney, just contact your state labor board.

[EmmaG, RN]

I realize this thread is 1 1/2 years old, but if your employer gives you grief over an FMLA leave, file a complaint with your district DOL office.

Enforcement

FMLA is enforced by the Wage and Hour Division of the U.S. Department of Labor's Employment Standards Administration. This agency investigates complaints of violations. If violations cannot be satisfactorily resolved, the Department may bring action in court to compel compliance.

http://www.dol.gov/esa/contacts/whd/america2.htm

[rehab nurse]

You're right Emmanuel, this is 1.5 years old!!

People were reported, and I quit in December, after I found out I had cancer. I have since been off work.

But thanks to those who responded! The place I was referring to is now the worst facility in three counties, turnover routine, they can't keep anybody, they treat everyone like children, all so very sad. All I can say is I am glad I got out. The only reason I know what still happens there is that I have a friend in corporate.

[mikethern]

Consult an employment lawyer.