FMLA Violations:
Your employer may not deny you time off because of production needs or because you occupy an important position. Can my employer refuse to grant me FMLA leave?
If you are an "eligible" employee who has met FMLAs notice and certification requirements (and you have not exhausted your FMLA leave entitlement for the year), you may not be denied FMLA leave. I was employed by APAC for four years so I had accumulated the hours needed to be able to take FMLA. I was not a key employee.
Your employer may not warn, suspend, or discharge you for taking FMLA time. Nor may it issue an adverse evaluation, deny a promotion, count absences under an attendance control policy, or take other action against you. I was terminated and told to be granted FMLA would be a liability by Tom Berns the Operations Manager for APAC in Cedar Rapids.
If your need for time off is foreseeable 30 or more days in advance for example, if your doctor schedules you for an operation or you are expecting a child you must give your employer 30 days notice. If you have one to 29 days foreknowledge, you must give notice as soon as practicable. In the case of unforeseeable absences you must give notice as soon as practicable pursuant to your employer's rules and policies. I let my Team Lead know I was assaulted and was denied the time off and was forced to work injured and suffered a seizure due to the brain and neck damage caused by the assault. The assault was not a foreseeable event and I could not provide but immediate notice. APAC says that you have to give ample notice for time off due to billable hours and client compliance guidelines.
Refuses to allow you an FMLA leave
Orders you to cut short your leave or to report for light duty
Fails to restore you to your former position or its equivalent
Withholds a benefit or privilege because you take FMLA leave
Uses coercion, threats, or intimidation to discourage you from taking FMLA leave
Uses coercion, threats, or intimidation to discourage you from exercising your FMLA rights
Gives you a poor evaluation or denies you a promotion because you take FMLA leave
Fires, disciplines, or demotes you because of FMLA absences
Punishes you for complaining about FMLA violations, telling others about the FMLA, or taking legal action
Denies you any other rights provided by the FMLA or the regulations issued by the U.S. Department of Labor I have been threatened by APAC with blackballing in the job market and for reporting them.
Serious health conditions that qualify for FMLA protection include injuries and illnesses requiring medical treatment which incapacitate you or a family member for more than three consecutive calendar days as well as incapacities due to pregnancy or a serious chronic disorder. The FMLA does not apply to colds, ear infections, or stomach upsets.
Here are three common FMLA mistakes, along with suggestions to help employers avoid making them:
I was never informed that FMLA was possible by my Team Lead or Human
Resources. I was not a key
employee. APAC was more concerned for
billable hours than my health.
I was not allowed to see a doctor and APAC
made assumptions on my condition without getting the facts. A brain and spinal cord injury is a hidden
injury. I had to work injured and suffered a seizure iduring a call with a customer and was terminated. When I asked about FMLA, I was told I would be a a liability to APAC by the Operations Manager
I had perfect attendance up to the time of my accident.
As a result of the assault, I now have a brain/spinal cord
injury that has left me with headaches and back pain. I cannot bend or get up off the floor without
grabbing on to something and I cannot extend my shoulder or reach without pain.
I have My headaches which caused the seizure were due to damage to my spinal
been threatened with blackballing in the job market for taking EEOC action and
also reporting drugs to the police. My
nephew, who assaulted me was high on drugs that he obtained from an APAC
employee. I was threatened for
testifying in the FLSA case that APAC lost and denied access to my personnel
records (despite repeated requests), including information regarding my
termination and denial of leave and any hidden files that could suggest
targeting.
I worked a temp during 2010 and then tha dried up and I am drawing unemployment for the past 6 months. APAC threatened to blackball me in the job market for reporting them. They have fired pople for speaking out on Facebooj for bad practices and were fined because they lied in unemplyment hearings. I was never allowed a copy of my personnel records despite several requests.
cord and the upper 3 vertebras in my neck.
I suffered the seizure from the abuse, which was construed as
rudeness. I also have lower back
injuries and my shoulder was injured during the assault. My home number was given to the customer by
APAC and I was harassed at home. The
seizure caused irritability issues that were misconstrued as rudeness by
APAC. During the call, I repeatedly told
the caller I was having the seizure and transferred the call to a supervisor
and explained the situation. If I was
trying to be rude, I would not have done that.
I also won my unemployment benefits, because APAC never proved
misconduct. APAC has never sent me
(despite repeated request) a full copy of my personnel records with
documentation of the termination or performance reviews. The caller was given my home phone number and
allowed to harass me at home.
I need help with the FMLA and getting it heard. Other employees have sued APAC for denial of FMLA