RANT- Feeling retaliated against at work!

[debilorrah]

http://www.dol.gov/whd/regs/compliance/whdfs28.pdf

See page 2 paragraph 5 - if the company does not have it written in their time off and leave policy that all accrued time will be used when excercising FMLA rights, they cannot make a person take it. When I worked in HR, I dealt with one of the most difficult examples of using this benefit - in 15-60 minute increments for Rx runs and driving her hubby to chemo appointments. Ever tried tracking 12 weeks in increments like that???

 

[NurseELB]

Quote:
It's in the policy that I have to use all sick time and PTO to cover my FMLA. I just don't think the policy should be legal. At least we should have a choice to take PTO or unpaid vacation. Seems to me a violation of ADA- 'give the cripple time off for cripple things, but don't let the cripple have a vacation!'

 

[debilorrah]

Quote:
It's in the policy that I have to use all sick time and PTO to cover my FMLA. I just don't think the policy should be legal. At least we should have a choice to take PTO or unpaid vacation. Seems to me a violation of ADA- 'give the cripple time off for cripple things, but don't let the cripple have a vacation!'

Amen to that. Call it FMLA and have a great time.

 

[Imp]

NurseELB,

I'm at a hospital just north of you and we have the same rules here. Your accrued benefits are used to fulfill your status, including intermittent FMLA. We do have an out though. If you request in writing that vacation not be used.

Sorry you are going through this,

Imp

 

[onedoodle3]

Google or Bing "WA labor laws". I am going thru something similar with my job. However, my employer does not make us use our vacation time. We don't get any other days. We don't have sick leave or overtime comp days. Most states are "at-will" states which is just plain wrong. I had someone at the labor board tell me if my employer does not like the color of shirt I wear to work on any given day, they can fire me on the spot. If your doc is willing to write you out for 2 weeks, do it. They can't fire you if you are under doctors orders.

Good luck.

 

[twentynine]

Not sure if this is going to help.

Company I work for just went to a PTO system. Prior to this, we had vacation, and time off for being sick. No real "sick leave" per say, if you were sick you called in and you got paid. After three days continuos absence Dr excuse and a visit to the company DR was required to return to work. You could miss 20 days of work a year and not have a problem. Now we get PTO, they added 3 days to vacation time. If you miss work for any reason it comes out of PTO. Vacation, sick, don't matter all counts against PTO. Exceptions being jury duty, death in immediate family, and illness requiring hospitalization.

If I understand you have used all PTO. Then applied for unpaid leave, not FMLA.

Either go back and apply for FMLA, as d r suggest or I am afraid you are going to have a long row to hoe.

 

[NurseELB]

I made an appointment with my doctor. She is a very reasonable lady and I am hoping she will wright a note stating that the stress of being denied the vacation and having to file a grievance has aggravated my symptoms and therefore I need this time off. As a side note I am going to ask her to write that they change my work schedule to one that does not cause so much fatigue. She has been after me for two years to stop working 12 hour shifts because of my health and I realized after all my legal research today that according to the ADA laws I am entitled to an adaptive schedule!

Wish me luck!

 

[Julie08]

We can take 10 personal days a year with or without pay by law. But I'm in Canada so I guess I'm not being very helpful

Sorry about your situation