Once fmla has been approved can a job analyze an employees absences and ? the validity of the fmla approval?
603213
As long as her absences are for legitimate reasons associated with her diabetes, there should not be a problem yet the employer walking a fine line to discrimination.  They have a right to ask for supporting documentation to support that the absence was due to her illness (doctors appointments, treatment, Dr. recommended rest/time off), as long as they are consistent with their treatment of their employees.  Is it standard practice for this employer to analyze ALL employees on a FMLA?  If so, there is nothing your friend can do put keep good records/documentation.  \n\nIf your friend feels she is being singled out and harassed and treated differently from other co-workers, plus the practice of reevaluating the approved FMLA is not standard practice for the company - she might want to seek legal advice.  Another option is for her to tell her employer to go F-themselves and to look for an employer that treats her with more respect.
245337
First off we need to know how long you were out on leave.  That's the main point.  If you passed the legal limit of protected time then there's nothing that prevents them from letting you go.  Second your employer has a right to keep in contact with you to determine if you are ready to go back to work.  Refusing to answer that can be grounds to be fired with cause.  Pain and suffering only comes into play if they did indeed let you go during a protected period, if they let you go after that period then again there's nothing that can be done and it would be considered with cause since you didn't show up to work.  These also only apply if you and your employer qualify under the FMLA.  If you don't qualify, then unless there's a state law in your state requiring leave then there is no legal reason for them to have had to "protected" your job.
576228
If you are layed off - absolutely if you have earned enough wages in the look back period (4 previous quarters, doesn't have to be with current employer)\n\nIf you are fired, you will be denied and then have a period to protest the denial.  This puts both you and employer in situation of making and defending your case.  If the employer can prove misconduct or cause you will lose the appeal.  If you can prove that dismissal was without merit you can win the appeal and set the ground work for a claim with the DOL or private attorney.
719565
Employment terminated for personal reasons. \n\nAnd your previous employer can say anything they want, depending on policy. But most times, they will only tell what is asked, which is almost always just time of hire and time of termination.
855401
I was an HR Director for about 10 years, although in California and Texas, not Washington. Anyhow, it's been a while, but here goes... Technically you were insubordinate and it is likely that the unemployment officer who officiates over the phone hearing will not believe that you meant anything else by saying d*ck in an e-mail (about someone who I presume is your boss). That said, I am wondering if they actually have your signature on anything that says that you are aware that "they" (your employer) have the right to read and monitor electronic mailings sent by you. Unless they (or you since you were the office manager) are very organized they may have trouble coming up with this paperwork. They need this in order to read your electronic communications and I would bring this up to the officer unless you know for sure that they have it and can easily access it. Also, I am wondering if there is any defense you might have with regards to why you said it or the context in which it was said. Additionally, has there ever been a time that you are aware of when "they" may have set a different precedent by not firing/terming someone based on this sort of insubordination? In other words, where someone else called  a manager a name of sorts, but were either not disciplined or disciplined without termination. I also have to wonder why your employer was able to read this e-mail (did someone show it to him or did you leave your computer on) and why he bothered to log on to your computer if that's what he did? Typically, I wouldn't do this unless I had it in for the person and usually that would mean a series of write ups (I'm a GM/PM now so I still have a number of reports and remember my HR days well). Unfortunately, most companies have a policy saying that they can terminate with no notice based on certain acts, one of which is insubordination. Still, I agree with you that he sounds like a jerk if this is all he had. He would have done better to call you in and find out why you felt like that, thereby trying to find a fix for the situation and gaining your loyalty if he succeeded. Good luck!
571221
U.S. Department of Labor\nEmployment Standards Administration Wage and Hour Division  \n \n www.dol.gov/esa  Search / A to Z Index   \n \nFind It!: By Topic | By Audience | By Top 20 Requested Items | By Form | By Organization | By Location     \nMay 1, 2006    DOL Home > ESA > WHD > FMLA     \nThe Family and Medical Leave Act of 1993\n\nPublic Law 103-3\nEnacted February 5, 1993\nAn Act\nTo grant family and temporary medical leave under certain circumstances.\n\nBe it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,\n\nSECTION 1. SHORT TITLE; TABLE OF CONTENTS.\n(a) SHORT TITLE.--This Act may be cited as the "Family and Medical Leave Act of 1993".\n\n(b) TABLE OF CONTENTS.--The table of contents is as follows:\n\nSec. 1. Short title; table of contents. \nSec. 2. Findings and purposes. \nTITLE I--GENERAL REQUIREMENTS FOR LEAVE\nSec. 101. Definitions. \nSec. 102. Leave requirement. \nSec. 103. Certification. \nSec. 104. Employment and benefits protection. \nSec. 105. Prohibited acts. \nSec. 106. Investigative authority. \nSec. 107. Enforcement. \nSec. 108. Special rules concerning employees of local educational agencies. \nSec. 109. Notice. \nTITLE II--LEAVE FOR CIVIL SERVICE EMPLOYEES \nSec. 201. Leave requirement. \nTITLE III--COMMISSION ON LEAVE\nSec. 301. Establishment. \nSec. 302. Duties. \nSec. 303. Membership. \nSec. 304. Compensation. \nSec. 305. Powers. \nSec. 306. Termination. \nTITLE IV--MISCELLANEOUS PROVISIONS\nSec. 401. Effect on other laws. \nSec. 402. Effect on existing employment benefits. \nSec. 403. Encouragement of more generous leave policies. \nSec. 404. Regulations. \nSec. 405. Effective dates. \nTITLE V--COVERAGE OF CONGRESSIONAL EMPLOYEES\nSec. 501. Leave for certain Senate employees. \nSec. 502. Leave for certain House employees. \nTITLE VI--SENSE OF CONGRESS\nSec. 601. Sense of Congress. \n Back to Top\nSEC. 2. FINDINGS AND PURPOSES.\n(a) FINDINGS.--Congress finds that-- \n(1) the number of single-parent households and two-parent households in which the single parent or both parents work is increasing significantly; \n(2) it is important for the development of children and the family unit that fathers and mothers be able to participate in early childrearing and the care of family members who have serious health conditions; \n(3) the lack of employment policies to accommodate working parents can force individuals to choose between job security and parenting; \n(4) there is inadequate job security for employees who have serious health conditions that prevent them from working for temporary periods; \n(5) due to the nature of the roles of men and women in our society, the primary responsibility for family caretaking often falls on women, and such responsibility affects the working lives of women more than it affects the working lives of men; and \n(6) employment standards that apply to one gender only have serious potential for encouraging employers to discriminate against employees and applicants for employment who are of that gender. \n(b) PURPOSES.--It is the purpose of this Act-- \n(1) to balance the demands of the workplace with the needs of families, to promote the stability and economic security of families, and to promote national interests in preserving family integrity; \n(2) to entitle employees to take reasonable leave for medical reasons, for the birth or adoption of a child, and for the care of a child, spouse, or parent who has a serious health condition; \n(3) to accomplish the purposes described in paragraphs (1) and (2) in a manner that accommodates the legitimate interests of employers; \n(4) to accomplish the purposes described in paragraphs (1) and (2) in a manner that, consistent with the Equal Protection Clause of the Fourteenth Amendment, minimizes the potential for employment discrimination on the basis of sex by ensuring generally that leave is available for eligible medical reasons (including maternity-
470528
You mean you were in a salaried position since you aren't paid for OT just 40hrs a week.  If you and your employer qualify under FMLA you can request up to 12wks of UNPAID (or paid at THEIR discretion) leave.  It doesn't have to be at one time.  However it sounds like that's not really an option for you.  Since you are requesting a new job you have to agree to the job or decide not to work.  They have NO responsibilty for unemployment since it's not their actions causing you to leave work.  Unemployment only comes in if your employer lets you go without reason (doesn't mean you have to be fired, just told we're letting you go because you can't fulfill the job requirements).  Since you're the one causing the job action you thus do not qualify for unemployment.  \n\nSeems they've offered you at least something, which is more then they have to.  Remember they're not responsible for your actions.
917651
You can put in a notice of resignation anytime you want. You don't have to be back at work in order to do that.  I know people who are pregnant who are out on FMLA leave and they decided they don't want to come back, so they just give their notice. It probably doesn't even have to be 2 weeks since you are already out and not currently working anyways.
926802
Good luck with that.  Legally, all a former employer can confirm is dates of employment.  Anything else will violate EOE standards.  But, proving something was said will be impossible as neither side would have any reason to fess up to any in depth conversation.
764422
I don't think so, but I would do three things:\n\n1.  Ask them, in writing, what the status is of your paycheck.  Let them know what date you started, and what you believe the pay period to be.\n\n2.  If you were provided an employee manual, read up on the pay period policy.  If you don't have an employee manual, request one-  at the very least ask them to send you their WRITTEN payroll policy.\n\n3.  I would contact your state's labor / employment office and explain to them what's going on.  They should be able to answer your question right away, and possibly contact your employer.\n\nYou aren't asking for anything unreasonable, and they should be able to answer your questions.  You should also keep track of each time you speak with someone about your paycheck (name of person, date, time, what was discussed) in case you have to refer back to it later.  \n\nGood Luck!
938321
I actually work in the scheduling department at my company, so I know a bit about this.  In answer to your question ... it's always best to give as much notice as possible, as there is paperwork that you need to fill out with your Human Resources department.\n\nOf course, in cases of dire emergencies, it's actually possible to get that paperwork filled out retroactively ... that is to say, after the fact.\n\nStill, though, don't rely on that ... there's almost no good reason to wait, and many reasons to just get the beauracratic parts of the process out of the way.  You'll be doing yourself a big favor, and your employer as well, by giving him/her/the company time to prepare for your absences.
722255
emotional instability, "leave of absence" situations\n\ncheck with your employee handbook or boss, cause it really depends on your job.
127132
It depends on the circumstances. However, you cannot be fired or terminated for time missed that was covered by FMLA. If you happen to miss time once the FMLA has expired, or if you are even 6 minutes late, they can terminate you for that. FMLA is a priviledge and a right that you have available to you any time you are ill. If you are terminated because of the time missed, you can file a grievance, and once it goes through arbitration, you can be compensated for all the time you were off from the starting date of your termination. \n\nI worked at Verizon, and they tried to pull this on many of their employees. They didn't get very far. Good luck!
644557
There would be no reason to.If the test was negative when you were at work that's all they need to know.Those workmen comp people are assholes.Don't trust them
816255
the tests are reliable.  As for validity, that is another matter open for interpretation.  More info is needed to determine the "purpose" of the testing, who is doing it, who is being tested and what are the consequences.
124480
No he does not. If you are requesting leave under the FMLA, he can only ask for a doctor's note certifying your illness as a "serious illness" that you cannot be at work for. Beyond that, he is invading your privacy.
101844
Absolutely! its written in the law. Even if you are still working there, at anytime, you can ask to see your employee file from Human Resources, and ask for corrections from any mistakes. They cannot fire you because you wanted to see your file. If they do, contact a lawyer. Good Luck.