On 12/26/07, I received emergency cardiac quadruple bypass surgery with some complications requiring 8 days in ICU, and 2 days in step-down. I was released to my daughters' care because I live alone in a different city. My daughter informed my employer of the surgery on 12/26/07. My employer called my daughter the next day, and called me the following day demanding passwords and a date I would return from work. I was receiving pain meds and was barely able to talk. She called me again while in the step-down unit, demanding a date of my return to work (because she had to plan ahead). I told her I didn't know anything and wouldn't until after checkups with the cardiologist and cardiac surgeon and gave her the dates of those appointments. (6 wks and 7 wks). She called again while I was at my daughter's house demanding a date of return. I repeated what I had told her during the last phone call. I wasn't being difficult, I just didn't know anything.
Just short of 3 weeks post-surgery, I received a certified letter from her stating that since I had not requested leave, she was assuming I had abandoned my position unless I told her otherwise within 5 days. She also said her attempts to contact me were gone unanswered. I sent her a certified letter immediately reiterating all the times I spoke with her and that I still didn't know when I could return, and that I never intended to leave my position, but wanted to return.
After seeing the surgeon, I sent a certified letter to my employer informing her I could return to work on 3/3/08 and that I was looking forward to doing so.
After a week, she sent another certified letter telling me my job was no longer available. She said I had not given reasonable notice and that I was not eligible for FMLA because of the 50 employee rule.
My question is this: I supervised a senior center. This center is one of three centers under a corporate umbrella which is an independent contractor of the Area Agency on Aging. Most funding for the senior centers comes from the state and the county and from grants. The FMLA law states that public agencies must offer FMLA, no matter how many employees they have. I need to know how this is interpreted - do they have to offer FMLA or not? Thank you.
Just short of 3 weeks post-surgery, I received a certified letter from her stating that since I had not requested leave, she was assuming I had abandoned my position unless I told her otherwise within 5 days. She also said her attempts to contact me were gone unanswered. I sent her a certified letter immediately reiterating all the times I spoke with her and that I still didn't know when I could return, and that I never intended to leave my position, but wanted to return.
After seeing the surgeon, I sent a certified letter to my employer informing her I could return to work on 3/3/08 and that I was looking forward to doing so.
After a week, she sent another certified letter telling me my job was no longer available. She said I had not given reasonable notice and that I was not eligible for FMLA because of the 50 employee rule.
My question is this: I supervised a senior center. This center is one of three centers under a corporate umbrella which is an independent contractor of the Area Agency on Aging. Most funding for the senior centers comes from the state and the county and from grants. The FMLA law states that public agencies must offer FMLA, no matter how many employees they have. I need to know how this is interpreted - do they have to offer FMLA or not? Thank you.
