Comments on: E-mail confusion leads to FMLA suit

By: Celia68

Celia68 — Thu, 20 Aug 2009 01:46:53 +0000

This blog has been very informative. I am looking forward to the feedback on my situation.
I was out on unexpected medical leave. I submitted doctor’s note after each follow up visit to keep my employer informed of my status.
After almost 12 weeks I returned but was only working part time and then back to full time.
I have had a set back and my doctor wants me to be non weight bearing and totally off my foot.
My question is that I was never offered or had FMLA explained to me by my employer. I paid weekly for my health insurance during the time I was out. If it was never designated as FML now that I need to be out again can I request FML? If my employer states that I have already used 12 weeks time and he may have to let me go do I have the right to request FML and be within my legal rights as it was never explained or offered to me when I was originally out on medical leave?

By: Chad

Chad — Sun, 19 Apr 2009 17:28:02 +0000

I’m a friend of Mr. Righi and would like to clarify the “rest of the story” from the brief information listed from this web site.

1) Righ never said he never wanted FMLA act, the rest of the statement is “I do have the vacation time, or I could apply for the family care act, which I do not want to do at this time. I hope you can understand my situation and approve this emergency time off. I will be very busy the next couple of days to get things arranged so I might be slow getting back to you” This is only a part of the e-mail the rest explains the situation and how he wants to resolve this situation so it will not interfere in the future as it has one day at a time in the past.

Righi was asking for guidance but hoping for vacation approval so he would be paid. He was listing his options and stating which he preferred …the “at this time” would mean if not approved for vacation he could revisit the decision. He never received a reply from his manager as he usually never did in the past when he took one day at a time and this time decided to resolve the situation with a couple of days. Which by the way, a couple of days could mean “a few, several” according to the dictionary.

2) Manager tried calling 14 times. a week after finally returning the call.

14 calls is true, except it was not a week. In the past Righi always turned off his company cell phone on vacation and his manager knew this. He had four days of vacation and during the four days his manager called 14 times. Contact in the past was always on Righi’s home phone and his manager knew this. When his manager finally called his home phone he was informed it was taking longer than expected and was informed he needs to “wrap this up.” When his manager called after the two days, Righi returned his call within five minutes and was informed by his manager to return to work the next day. He was not informed that he was “fired.” Righi returned to work and worked four hours, there was a warning on his manager’s computer. The HR manager called and told his manager to fire Righi.

The HR manager had a grudge against Righi. Earlier Righi and his manager proved the actions of the home office lost a large dollar potential from a customer and she was part of it. During the training Righi was in when he was notified about his mother and left to care for her, HR made comments referring to the procedure which lost the customer and tried to make Righi look bad with out mentioning his name.

The company said Righi never asked for vacation time off and there for terminated him.

Does anyone take the sentence as not asking for time off ?

” I do have the vacation time, or I could apply for the family care act, which I do not want to do at this time. I hope you can understand my situation and approve this emergency time off. I will be very busy the next couple of days to get things arranged so I might be slow getting back to you”
as not asking for time off?

The case is in appeal.

By: LS

LS — Mon, 13 Apr 2009 16:50:25 +0000

She would have up to 12 months from the birth of her child to take Paid Family Leave for bonding.

By: mer

mer — Thu, 09 Apr 2009 21:15:46 +0000

LS thanks for you comments.
I just wasn’t sure if she’d qualify because the two leaves will not be concurrent.
thanks again. mer.

By: LS

LS — Thu, 09 Apr 2009 16:09:46 +0000

Just a quick clarification: The new NJ leave law is NOT FMLA – it is paid leave and similar to disability leave, ie., it does NOT offer job protection. She would be eligible however as long as she has worked at least 20 weeks in NJ and earned at least $7,150 during the prior 12 months. The 50 employee threshold does not apply to NJ Paid Leave.

By: mer

mer — Wed, 08 Apr 2009 17:24:37 +0000

Does anyone know how the law responds to this senerio?

Baby was born in New Jersey on March 26, 2009.
The mother only has 6 weeks disability and that will be up in Mid May… Not eligible for FMLA due to (working for a company with under 50 employees)

Will she be able to pick up the 6 weeks PAID FMLA as of july 1??

fyi: baby was preemie arriving 7 weeks early…(baby is still not home, but should be home by the end of april. ) so, the mother will only get 2 weeks of bonding at home if he is released as expected.

By: LS

LS — Wed, 25 Mar 2009 13:25:55 +0000

There are 4 ways that the 12 months can be calculated and it is up to the employer to determine which way they calculate – this is an excerpt from the DOL website:

Employers may select one of four options for determining the 12-month period:

-the calendar year;
-any fixed 12-month “leave year” such as a fiscal year, a year required by State law, or a year starting on the employee’s “anniversary” date;
-the 12-month period measured forward from the date any employee’s first FMLA leave begins; or
-a “rolling” 12-month period measured backward from the date an employee uses FMLA leave.

By: Ed

Ed — Wed, 25 Mar 2009 13:22:38 +0000

The company chooses the type of calendar that they wish to use.

By: jackie

jackie — Wed, 25 Mar 2009 13:17:47 +0000

Does FML work off a rolling calendar year? How does that actually work?

See my above post from 5:50 3/24. Thanks to anyone who may reply!

By: jackie

jackie — Tue, 24 Mar 2009 22:50:07 +0000

ok, thank you.

One thing I want to clarify is the 12 month period. My employers exact words were I am allowed 12 weeks of absence in any 12 month period. They count the date my maternity leave started 2/9/09 and go back 12 months, which is 2/9/08. I may have used the word rolling where it should not have been used.

Thanks for reminding me to leave emotion out of it, and stick to the law. This is what protects me.