Did my employers break FMLA laws?
I am unsure who to talk to. I just got out of an inpatient treatment facility in Texas after spending eight weeks there. Prior to which I spent two weeks in two different hospitals with a week in between the two stays. All of which were for severe mental illness. My employers put me on FMLA and after I think the eighth day of missing work I automatically get transferred to Short-term Disability. This all began April 17. I called my supervisor and told him that I could not make it into work due to an illness. I went into the first hospital on April 18 or 19, 2007 and was in there for a week; I called my work and left a message on my supervisor’s voicemail that I was in the hospital, but was unsure how long I would be. I stayed out for a week and then went into another hospital for about another week. During the week I was out of the hospital, I spoke with my supervisor and thought I was well enough to return to work, but I was not and called in sick again and reported that I was back in the hospital.
While in the second hospital I received paperwork to fill out for short-term disability. My boss also left a message on my voicemail stating that he needed to know when I was planning on returning to work and what was wrong with me. He wanted proof of illness from a doctor and the days that I was out sick. I felt uncomfortable in telling him why I was ill, but I had my doctors write that I had a legitimate illness and the dates that I was out sick. He also sent a letter to me while I was in the second hospital; of which I did not receive do to being hospitalized. He demanded that I give him a timeframe in which I was returning to work and what my illness was. He also required this information in a certain timeframe and conveyed to him in a certain way; via phone or in person.
I had my doctor at the hospital fill out the short-term disability form and in it, it asked for my diagnosis. The doctor filled everything out and it was addressed to a person from Human Resources at my company. My understanding was that this form was supposed to go directly to the disability company and not the HR department. However, I did not know this information until a few weeks ago. The HR department did not sign the form so I had to send it back to them to be signed. In this envelope I also wrote a note to my boss letting him know that I was unsure how long I would be out, but I was planning on returning to work as soon as my illness was better. I did not tell him I was awaiting a bed to open in Texas and then I would return to work; but that I was unsure how long I was going to be out sick.
When I went down to Texas, I had my mail forwarded down to me. At the end of June, I received a letter from my employers, but more specifically my supervisor; stating that they had to terminate my employment because I did not respond to him in a timely fashion and did not know when I was going to return to work…but also that my “illness” would hinder my employment at that job.
First of all, the person in HR should have not shared my medical information with my supervisor and secondly, she should have not even had that information in the first place. She should have sent the short-term disability form signed and ready for me to mail it straight to the disability company; not back to my employers to mail it back to them. Finally, my employers discriminated against me for having an illness. Prior to me missing work and being on FMLA, I was a superb employee. I was given a gift certificate for exemplary work, I worked overtime, and I was put in a management position when all of the managers were out of town. I created new forms and projects for our company; I even stayed at work for days during our snowstorms last winter! The only reason I was terminated was because of my illness; which is a mental illness. And it was because I worked in the mental health field. My company is an EEOC company.
My company violated the ADA and the FMLA in this fashion:
“employers will not violate the ADA by asking for the information specified in the FMLA certification form. The FMLA form only requests information relating to the particular serious health condition, as defined in the FMLA, for which the employee is seeking leave”
“employers may not give supervisors and managers unlimited access to the medical files. However, employers may give supervisors and managers information concerning necessary work restrictions and accommodations”
And
“Under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA), it is illegal to discriminate in any aspect of employment, including:
hiring and firing;
compensation, assignment, or classification of employees;
transfer, promotion, layoff, or recall;
job advertisements;
recruitment;
testing;
use of company facilities;
training and apprenticeship programs;
fringe benefits;
pay, retirement plans, and disability leave; or
other terms and conditions of employment.
Discriminatory practices under these laws also include:
harassment on the basis of race, color, religion, sex, national origin, disability, or age;
retaliation against an individual for filing a charge of discrimination, participating in an investigation, or opposing discriminatory practices;
employment decisions based on stereotypes or assumptions about the abilities, traits, or performance of individuals of a certain sex, race, age, religion, or ethnic group, or individuals with disabilities”
Can anyone help?
