FMLA & Pregnancy

[fmlainsanity]

My questions will be in portions rather than too much at one time.

In regard to FMLA, with consideration of the new laws- in the state of MO.

I have been on FMLA since Nov. 08 (rolling year) for pregnancy and just recently found out that my employer has been counting any and all absences toward my 12 weeks-even though its unrelated to pregnancy. Can I fight this? An example: I was out of work 2 days with bronchitis, returned with a doctor's note, the time was taken from FMLA.

 

[cbg]

Yes, you can. Contact the US DOL; they are the regulatory agency for FMLA.

 

[Green_Hornet]

I don't know about the State of MO rules under the federal scheme, Congress allows workers whose FMLA rights have been delayed or denied to immediately file suit in federal court so judges and juries can hold employers accountable so you don't have to satisfy the administrative hurdle of the DOL.

The remedies under the FMLA include the voiding of any discrimination or discipline, double damages for lost wages and benefits, and attorney fees and costs. And a worker can file suit not only on behalf of himself but also on behalf of all his fellow workers in order to stop the employer from continuing to violate the FMLA. So don't be afraid to stand up and fight for your FMLA rights--by stopping the employer from violating the FMLA you are helping your family and the families of all your co-workers.

 

[fmlainsanity]

Thank you for replying. I do have more parts to that question as my current employer keeps things exciting however I think I will just save it for the DOL. Thanks again.

 

[Green_Hornet]

Thank you for replying. I do have more parts to that question as my current employer keeps things exciting however I think I will just save it for the DOL. Thanks again.

The DOL is an option and their website is good, keep in mind though they are a neutral party they are not an advocate. An attorney is an advocate and under the FMLA scheme you are entitled to reasonable attorney fees. If you have a case and bring it to the DOL, the employer will lawyer up in most cases.

If the employer is using a lawyer during the administrative handling by the DOL the employee is hobbled without one. All administrative remedies are limited and the agencies have little interest in pursuing a claim apart from minimal investigation. Only a court process will get the employer's attention. Under the federal rules of civil procedure attorneys have a liberal discovery, the DOL investigator does not. For all these reason I recommend calling an attorney prior to hand a case over for administrative handling.