Who do I report this to?

Diary/Dairy, RN · Mar 27, 2008

Awwww, sorry Bethin - I don't know where that would be turned in.....

Indy, LPN, LVN · Mar 27, 2008

Try your state dept. of labor, if they aren't the ones to see then they might know who you should speak to.

EmmaG, RN · Mar 27, 2008

Who do I take my concerns regarding possible non-compliance with FMLA to?
My employer has 'demoted' me because I am not turning in the proper documents every 4 weeks for intermittent FMLA. FMLA's cycle is 12 months and I have found no documentation that I have to provide them with doucmentation every 4 weeks from all doctors that I see. I see 4. Each charges $10 to fill out the papers. My reason for intermittent FMLA is for Crohn's, even though I have CHF and MVP. I don't see why they need papers from my cardiologist. I provide them with papers from my GI and PCP.
I was hospitalized last year and turned in papers for that. I made copies after HR signed them as received but yet HR is refusing to acknowledge that. They lost their copy. Not my problem but yet it has become mine. They are now punishing me for something that happened almost a year ago but are just now bringing it to my attention. I've had intermittent FMLA for 4 years and I've been anal about turning in the paperwork 30 days early.
To rub salt in the wound, the HR rep snidely told me that "FMLA is for serious conditions".

:angryfire

I will refrain from commenting on what that idiot said--- but please, when you report this, PLEASE tell the DOL rep what the HR person said.

FMLA is Federal, and the DOL website has contact information to report violations or just to ask questions. I think I may have it stored somewhere... be back in a sec :)

EmmaG, RN · Mar 27, 2008

Further information on Federal FMLA may be obtained by contacting the nearest office of the Wage and Hour Division, listed in most telephone directories under U.S. Government, Department of Labor, Employment Standards Administration, or by dialing 1-866-487-9243.

http://www.dol.gov/elaws/esa/fmla/fc.asp

Time Period for Filing a Complaint

Generally, a complaint must be filed within two years of the date of the last action which the employee contends was in violation of the Act. However, if it can be shown that the action taken by the employer was willful, the complaint may be filed within three years of that date. For the best chance of success in resolving the complaint, the complaint should be filed as soon after the date of the last action thought to be in violation of the Act as reasonably possible.

The complaint may be filed by the employee or any other person on behalf of the employee.

Filing a Complaint with the Secretary of Labor

Complaints may be filed with the Secretary of Labor by contacting the nearest office of the Wage and Hour Division of the Employment Standards Administration, U. S. Department of Labor. The

address/telephone number for local offices may usually be found in the telephone directory listings for government offices under U.S. Government - Labor. The complaint may be filed in person, by letter or by telephone, however, the complaint must be reduced to writing.

The U.S. Department of Labor will review the merits of the complaint, and where appropriate will undertake to resolve the complaint administratively, through negotiations with the employer. When the complaint is resolved administratively, actions are limited to a two-year period and interest and liquidated damages are not recovered. In some cases, the Secretary of Labor may file a lawsuit on behalf of the employee in the event negotiations with the employer are unsuccessful and the Secretary is convinced that violations of the Act did occur.

Potential Remedies Remedies available to the employee in the event the employer is found to have violated FMLA may include:

Wages
Employment benefits
Other compensation denied or lost to the employee
Actual monetary loss to the employee such as:
Cost of providing care (this is limited to 12 weeks of wages for the employee) for example to a family member with a serious health condition
Interest
An equal amount in liquidated damages unless the employer can show action was taken in good faith

The employee may also obtain appropriate equitable relief such as:

Employment
Reinstatement
Promotion

For more information, see Regulations 29 CFR Part 825.400.

www.dol.gov/elaws/esa/fmla/faq.asp

www.wagehour.dol.gov

www.dol.gov/esa/programs/whd/state/fmla

EmmaG, RN · Mar 27, 2008

That address/telephone number link in the above post has listings for all district offices; just call the one nearest you.

bethin · Mar 29, 2008

Thank you Emmanuel!

I've typed up my statement, will be going over it in the next few days to make sure I haven't missed anything then I will send it in.

If you think what the HR rep said was bad, what he also said will really frost your crack: "I don't have to follow this law." Yep, he said that.

It's turning into a soap opera: my pcp called me at home to inform me that HR called him while he was on vacation with his family to remind him that when he fills out the FMLA papers not to be easy on me, to be strict on the amount of time I can have off. I have complete faith and trust in my doc. He boldly said that this conversation was none of HR's business and that my disease has progressed and he will sign the intermittent FMLA papers beause he trusts that I would never call in, use FMLA for a day or weekend just because I'm behind on homework, need a break, etc. And I can swear that I have never lied to them. If I call in and say it's d/t Crohn's, then it's d/t Crohn's. If it's the flu, I tell them that.

So now I have report a HIPAA violation. HR has no business calling my doctor. They must have had to dig through records to find out who my doctor was. Poor guy, he was on a family vacation at Disneyworld.

bethin · Mar 29, 2008

BTW, Emmanuel, is your favorite book by any chance 1984?