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Recently I received FMLA. On the day I was notified I was approved I also received a performance improvement plan (probation for job performance, no end date, etc.)
What are my rights? The improvement plan had incidents in it that were not true. What are my options? Can my employer fire me for not meeting the correction action plan steps outlined or is my job protected because of my intermittent FMLA? Thanks, PLEASE help..!
What's FMLA, please? It would be helpful to know that so that people can help you the best here.
Thanks!
Well in my experience, if you do not sign the evaluation saying you agree, then you have the right to dispute anything that may or may not be true. One of my old jobs, if we disputed something, it turned into a long process to have it removed and in turn more people were involved, which means that if someone did this in order to make you look bad, now they are the ones that look bad. I am not too familiar with FMLA, however I do know that you should be protected under it as long as you meet all the criteria and follow the right steps...
I am not an expert but please keep in mind, an employer can fire a person at any time for numerous reasons. The FMLA is simply set up to provide approved paid leave for employees. I am wondering if I am understainding your question correctly. Does your situation have anything to do with leave taken provided by FMLA or are you saying you just recently qualified for FMLA?
You always have the right to discuss with your employer anything you have a question over and the sooner the better. Please remember to approach them with respect and in an asking manner as this tends to get better results than demanding. (I am sure you know this, I am just trying to be as helpful as possible, not knowing the situation fully). It is good to either e-mail or call or go to the office and ask for an appointment time to discuss issues in question. That way, they have time to set a section of time aside just for that time to discuss the issue at hand. Have questions written down and take notes in the meeting. That way you will know you have not forgotten any important questions you needed to ask and all will be clarified.
Below is some information regarding FMLA:
The Family & Medical Leave Act (FMLA) allows ”eligible” employees to take off up to 12 work weeks in any 12 month period for the birth or adoption of a child, to care for a family member, or if the employee themselves has serious health condition.
An “eligible” employee is an employee who has been employed by the employer for a least 12 months and worked at least 1,250 hours. The 12 months do not need to be consecutive. You are only an “eligible” employee if your employer employs 50 or more employees within 75 miles of the worksite.
FMLA can be taken on an intermittent basis allowing the employee to work on a less than full-time schedule.
The employee is entitled to have their benefits maintained, but they must continue to pay their portion during the leave. The employee also has the right to return to the same or equivalent position, pay, and benefits at the conclusion of their leave.
The eligible employee must provide 30 day advance notice for foreseeable events. The employer is allowed to ask the employee to obtain a certification from a medical provider testifying to the need for the employee to take the leave for themselves or for the family member. Upon completion of the leave the employer is allowed to require the employee to obtain a certification of fitness to return to work when the leave was due to the employee's own health concerns. The employer can delay the start of FMLA for 30 days if the employee does not provide advance notice, and/or until the employee can provide certification from a medical provider.
If you and your spouse both work for the same employer. You cannot each take 12 weeks off for the birth of a child, when adopting a child, or to care for a parent with a serious health condition.
For additional information on FMLA go to: U.S. Department of Labor/FMLA
Perhaps you can be a bit more specific in your question and situation. I am sure you will get more posts later and I will check back tomorrow to see if you have given additional information regarding your question. I worked payroll in my last job and hopefully can be of some help if I understand your question more clearly!
If your situation in question does not involve taking time off work but involves job performance, FMLA does not protect your job. It is simply provision of approved paid time off if you have enough hours worked. I hope this helps a bit.
Best to you!
Quote:
Originally Posted by italian20
Without knowing the circumstances it is difficult to say BUT the FMLA does NOT protect your employment if you are terminated "for cause." It DOES help protect you against random firing - but you can be terminated for just about anything because of employment at will.
I would sit down face to face with your supervisor and calmly - which you appear to be, anyway - discuss the performance improvement plan, including the incorrect info.
The FLMA gives you the right to take off for approved medical illness for yourself and close family members, if the company is covered by the plan, if you have meet the required time on the job and if the medical issue is one that is covered by the plan.
While out on the plan you would not be terminated normally but this does not stop them from firing you upon your return if your work has not improved. Often if we have illness our work is at a lower level than normal, so if we get well we can return to work at a proper level.
If something in your review is not true, you should address that in writing to them
Thanks for all the responses. There are quite a number of issues written which are not true. I plan to address that in writing by providing a response. I am just really paranoid now about this whole thing.
I just was approved for the FMLA. I had taken some time off in the past couple of weeks. Week emergency room dr. put me out of work and 2 times for treatment for depression/anxiety. Same situation. I just wonder if my performance improvement plan is not true, and they may be thinking of ways to try to get rid of me. I have been there for almost 4 years now. What should I do? Any suggetions? Thanks,
Quote:
Originally Posted by italian20
Well, this is just me but I wouldn't put it in writing unless an Attorney reviews what you have written.
Your words can absolutely come back to haunt you.
And, yes, they very possibly are trying to get rid of you.
If they are making false allegations concerning problems in the workplace and they want those problems corrected or you will be terminated I don't know what you can do - you can't correct a situation that does not exist.
It might not be a bad idea to get some legal advice at this point, just in case.
You are wise to be thinking about the issues above. Thank you for giving a bit more information. There are times when an employee is let go for reasons that are not valid and one has to just choose their battles. If this happens, one generally can file a grievence but that is for another post. It involves quite a bit and is not pleasant. Many times the person ends up losing their job anyway.Quote:
Originally Posted by italian20
I would think the best thing to do as I stated earlier is to address things you believe are not accurate in a kind, clear way to your supervisor. Ask if she/he has suggestions on how to rectify the situation. Apply yourself to the best of your ability each day, proving those wrong who wrote inaccurate things. In four years, if you have done a good job for this company and have just now had some health issues, I would think they would take that into account. Job performance does suffer at times when we aren't at our best and it then comes down to whether you have employers who look at the whole picture and care about their employees or only for the almighty dollar they make.
My brother had surgery on his shoulder, went back to work, half days and they wrote him up as not producing enough work but for a half of a days work one would think they would look at the whole picture and the history of his work record of many years. They let him go anyway. He did get to file for unemployment and actually, he probably was a little slower because of the pain. He was in accouting and had to use the 10 key pad all day long for entering figures. He found out later, they were finding ways to let all their people go who had been there for years because they were making big bucks and hire younger ones at a lesser salary. One guy had been there 40 years. Crazy times we live in.
I only share this to say that it is just smart to be aware these things happen and if they do, just be optimistic that you will find a better job where the employers really care about their business and their employees. It isn't like it use to be where if you lose your job, you feel your life is over. There is such a turn over in personel in almost any business.
Just because these things do happen, keep in mind that if you make a time to meet with your employer to address the inaccuracies, it may very well be that all will be cleared up and just assure them of your intent of being a great asset to the business as you have done in the past. We have to present ourselves in the light in which we want to be viewed. If you walk in as a victim, chances are you will be treated as such. If you walk in is a victor, chances are, you will be treated as such.
Please keep us informed and again, best to you!
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Thanks very much for the additional feedback. Do you think I need to have an attorney review what I respond before I submit it? How would it come back to haunt me? I have to be really careful about this. Should I just focus on the corrective action plan and description of expected performance/conduct or should I address the poor performance, inappropriate office behavior and poor judgement sections where there are inaccuracies? Thanks,
I would love to give you some great advice but I don't feel I have enough details and I am not asking for more, I just don't think I can advise wisely on this but noticed no one else had addressed this last post of yours. I wanted you to know it is being read.
The only thing I can do is tell you how I handle things and this is based solely on my work experience. I have worked for the State and I have been a Vice-President of a company and dealt with hiring and firing issues and job evaluations.
I would make notes for yourself to refer to in the meeting and not put anything in writing to turn over to supervision in the beginning... have a sit down visit with your supervisor... this is a less threatening way to approach the situation in the beginning I believe. There are so many variables... like how large is the business you work at, do they retain a staff of attorneys themselves, how dependent are you on this job... do you feel you have options that are readily available to you if needed should you lose your job... such things as this.
I am an "A to Z" person. If there were inaccuracies that reflect on my job performance or me personally, I would have to address them and let my supervisor know they were not accurate. Try to have information to back up what you say (not meaning bringing others into the discussion... keep it on a level of you, your work and the supervisor... if possible.)
However, I would address the corrective action plan and description of expected performance/conduct first which is the first and foremost item on which you are concerned could cost you your job if I am understanding you correctly??
If after the resolve has been reached on this issue, then you would have to gage if the supervisor is open to further discussion at that time and if so, just mention there are inaccuracies that you would like to mention so that he/she knows they are not as they seem and you would appreciate a corrected version of the paper when it is available.
Only you will be able to judge how open the supervisor is to discussion. If he/she cuts you off cold, thank them for their time, tell them you will do the best job for the company that you can possible do, that is your objective! Bow out gracefully from the meeting and then type up all issues (if you have not previously) and then perhaps, if the job is paramount to your life at the moment, consult an attorney!
I do have a question. Who was responsible for the inaccuracies placed in the evaluation and why would they have put wrong information in the report. Could it have been a mistake on paper, and have been meant regarding another employee?? Does this person have something they hold against you personally? I am just curious as to how all these inaccuracies came to be in the report.
(Hear me when I say, "I know things like this happen!" We gave a police report about our daughter's car being blown up and the report stated it was our white chevelle (we never owned one) the car that was blown up was a red turbo sprint which we told them, my husband's job position was written in which was not correct and on and on... we didn't know for a year that we could get a copy of that report and view it for accuracy. We were young and naïve, too trusting of the police officers. So it was a year later before we turned in the inaccuracies. So for that year, all who read the report thought it was our car, not my daughter's, that it was a white vehicle, and that my husband held a position that he had not held in years and many more statements that were not correct.) So you see why I am asking how you feel these wrong statements could have been placed in your report? I hope so. I was not questioning you, just wondering and coming from our bad experience, I know mistakes can happen on paper and if no one knows it or addresses it, it appears the statements are correct. That would be why I would want that part of it addressed.
Best to you!
Quote:
Originally Posted by italian20
I wouldn't put "it" in writing so there is no need for Attorney review. If you submit something in writing, yes, I would have an Attorney review it.
Words can come back, twisted and out of context, sometimes simply misunderstood, particularly in a legal context when there are no inflections, no facial expressions.
I would address - again, calmly and well prepared - the issues that you feel are incorrect or that trouble you.
Thanks for all the advice. For now, I am hanging in there... what else can I do to save my job? Ironically, I work in human resources.. Thanks,
I have been on intermittant FMLA sine 9/11, now another business is buying our business and I have been told 7/29/2012 would be my last day of work. I am entilted to 2 weeks severence pay all vacation time accrued.
My question is can this happen, by this I mean laid off or fired while on FMLA. I though FMLA was job protection, meaning, your job is safe, same pay but, maybe a different part of the business?
Sure, you can be laid off "while on FLMA". If your layoff has nothing to do with medical leave issues, and it appears that is the case, FLMA does not appy.Quote:
Originally Posted by barbjs
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