FMLA approved absences being questioned by employer

[CuriousAboutIt]

----------------~~~~~~~~~~ARIZONA~~~~~~~~~~~--------------------
Ok. The title is self-explanatory to the question but I need to give some background.

I have had ongoing harassment issues with my direct manager and branch supervisor for over 8 months and I have filed NUMEROUS complaints with our Ethics Helpline and Human Resources departments but to no avail. Recently, I have been approved for FMLA (Family Medical Leave) due to a developing condition. My FMLA guidelines are communicated directly to my managers and to Human Resources so that my employer and the third-party vendor of FMLA are in kahoots.
On May 18th I had to take some time off due to a flare in my condition and called out of work. On my FMLA I am granted in-home-treatment options which allow me to treat my illness at home and then have time to recover from treatment which makes it so that I do not need to see a doctor each time I have an issue.
That being said, the absence that I used happened to fall over the weekend of my birthday which I ended up being bedridden for but someone at work with a personal vendetta told my manager that I was not sick, which they cannot prove. My branch manager pulled me in to her office on May 25th and told me that they "need a doctors note for internal verification to prove that I wasn't just out partying" and then continued to pressure me to give a doctors note.

I verified with my FMLA provider as well as with Human Resources at the company for whom I am employed that I do NOT need a note describing the time that I had been absent, but the branch manager and my direct supervisor are insisting that I get one.

After months of harassment and their attempts to fire me, this is the straw that broke the camels back. I work for a Fortune 500 company and one of the top Health Care Insurance providers in the world and yet, they couldn't give a rats tail about my health. Now, for any lawyer who sees my side in this its obviously a stellar payday but I need serious advice - are they harassing me on an illegal level since I do have rights under FMLA and should I be seeking further legal action against this company?

[sandyclaus]

Originally Posted by CuriousAboutIt ----------------~~~~~~~~~~ARIZONA~~~~~~~~~~~-------------------- Ok. The title is self-explanatory to the question but I need to give some background. I have had ongoing harassment issues with my direct manager and branch supervisor for over 8 months and I have filed NUMEROUS complaints with our Ethics Helpline and Human Resources departments but to no avail. Recently, I have been approved for FMLA (Family Medical Leave) due to a developing condition. My FMLA guidelines are communicated directly to my managers and to Human Resources so that my employer and the third-party vendor of FMLA are in kahoots. On May 18th I had to take some time off due to a flare in my condition and called out of work. On my FMLA I am granted in-home-treatment options which allow me to treat my illness at home and then have time to recover from treatment which makes it so that I do not need to see a doctor each time I have an issue. That being said, the absence that I used happened to fall over the weekend of my birthday which I ended up being bedridden for but someone at work with a personal vendetta told my manager that I was not sick, which they cannot prove. My branch manager pulled me in to her office on May 25th and told me that they "need a doctors note for internal verification to prove that I wasn't just out partying" and then continued to pressure me to give a doctors note. I verified with my FMLA provider as well as with Human Resources at the company for whom I am employed that I do NOT need a note describing the time that I had been absent, but the branch manager and my direct supervisor are insisting that I get one. After months of harassment and their attempts to fire me, this is the straw that broke the camels back. I work for a Fortune 500 company and one of the top Health Care Insurance providers in the world and yet, they couldn't give a rats tail about my health. Now, for any lawyer who sees my side in this its obviously a stellar payday but I need serious advice - are they harassing me on an illegal level since I do have rights under FMLA and should I be seeking further legal action against this company?

When you say those "in home treatment options" you are saying you were granted by FMLA, exactly what does that mean? Saying that you can use in-home treatments to deal with the symptoms of your illness without having to resort to a visit to your doctor leaves you open to potential abuse by claiming you were sick when you may not have been. If you are claiming FMLA benefits for your illness, the burden is on YOU to prove that you were actually ill and self-treating, and not on your employer to prove that you weren't.

It seems just a bit too coincidental that you had one of your "flare-ups" over your birthday weekend. While you may say that the co-worker cannot prove you were partying, you also have no doctor's note to prove you were actually ill and self-treating this alleged flare-up. In a situation where your absence is claimed under FMLA, it is YOUR responsibility and burden to prove that you were actually ill, especially when you do not have a doctor's note to back up your otherwise unsubstantiated claim.

I feel that if you try to pursue this, you may find you have a problem.

[CuriousAboutIt]

(it means I have stage 2 cancer and when I am at the doctor, the after-effects of my treatments are rather intense and it can flare up at any given time from radiation and chemo - my employer is a health insurance company that is required to provide health insurance to all of its employees and clearly, I am costing them a bit of money with the 95% co-insurance coverage)

I see the validity of your message, to get to the core of it though; if I cannot prove that I was self-treating and my employer cannot prove that I was not - isn't it a mute point? Aren't we just stuck butting heads and does that uneven ground give them viable option to discharge me?

I wanted to add to this post that FMLA Employer/Employee Rights and Responsibilities reads: "Covered employers must inform employees requesting leave whther they are eligible under FMLA. If they are, the notice MUST SPECIFY ANY ADDITIONAL INFORMATION REQUIRED AS WELL AS THE EMPLOYEES' RIGHTS AND RESPONSIBILITIES. ~FMLA makes it unlawful for any employer to: interfere with, restrain, or deny the exercise of any right provided under FMLA or, discharge or discriminate against any person for opposing any practice made unlawful by FMLA or for involvement in any proceeding under or relating to FMLA.

So - that being said, my employer has not outlined any responsibilities that I may be held accountable for and the absences that I reported to FMLA have already been fully approved and sanctioned under FMLA law. And my employer is the one questioning the validity of my absence, I realize that falls on me but if FMLA has already approved my absence and all formal paperwork has been filed and verified: is that NOT my employer "involving in a proceeding under and relating to FMLA"?

[sandyclaus]

Originally Posted by CuriousAboutIt (it means I have stage 2 cancer and when I am at the doctor, the after-effects of my treatments are rather intense and it can flare up at any given time from radiation and chemo - my employer is a health insurance company that is required to provide health insurance to all of its employees and clearly, I am costing them a bit of money with the 95% co-insurance coverage) I see the validity of your message, to get to the core of it though; if I cannot prove that I was self-treating and my employer cannot prove that I was not - isn't it a mute point? Aren't we just stuck butting heads and does that uneven ground give them viable option to discharge me? I wanted to add to this post that FMLA Employer/Employee Rights and Responsibilities reads: "Covered employers must inform employees requesting leave whther they are eligible under FMLA. If they are, the notice MUST SPECIFY ANY ADDITIONAL INFORMATION REQUIRED AS WELL AS THE EMPLOYEES' RIGHTS AND RESPONSIBILITIES. ~FMLA makes it unlawful for any employer to: interfere with, restrain, or deny the exercise of any right provided under FMLA or, discharge or discriminate against any person for opposing any practice made unlawful by FMLA or for involvement in any proceeding under or relating to FMLA. So - that being said, my employer has not outlined any responsibilities that I may be held accountable for and the absences that I reported to FMLA have already been fully approved and sanctioned under FMLA law. And my employer is the one questioning the validity of my absence, I realize that falls on me but if FMLA has already approved my absence and all formal paperwork has been filed and verified: is that NOT my employer "involving in a proceeding under and relating to FMLA"?

FMLA has approved you to be absent due to your illness. If there is any question about a particular absence, it STILL falls upon you to prove that it was due to your illness if your employer questions it. Otherwise, you could just take time off, and lie about it being due to your illness.

If a doctor was consulted on that particular day, then at least you would have proof to show to the employer. When it's left up to you, the freedom you have to self-treat can be abused. Since there was another employee who has made a claim that they saw you partying and you weren't sick, then the employer is well within their rights to demand some kind of proof that you were actually sick when you were absent.

[goddessoflubboc]

When you were approved initially your dr should have indicated that you may miss work for "sick days" related to your illness but not requiring a dr office visit.

Since there has been such a fuss made about this date surely your dr could write a note indicating you had chemo on x date and could be expected to feel ill x y z dates.

[CuriousAboutIt]

So what should I do, considering that I am not going to forge a Doctors note.

The employee didn't claim to see me, they simply mentioned that it was my birthday weekend and that I had initially had plans - which if it came down to it, I have documentation of the plans being cancelled which couldn't possibly be applicable in the situation.

I suppose I could just take the hit for my absences and cancel the claim with FMLA and simply go along with my employers attendence policies - I could probably cancel the FMLA coverage approval for the time that I took but doesn't that make me more vulnerable to termination? Don't I have the right to use my FMLA as I need it especially since I do not have a history of abusing the priviledge or abuse of previous time off which I have always substantiated with doctor's notes even though they technically hold no legal weight and the absences still counted against me? (the only reason I didnt get a note this time was because I thought I was safe from having to provide that based on my permitted coverage)

I guess the whole point is: I thought FMLA was here to help protect me and my job. Not help my employer work against me on their whim to make discriminatory assumptions based off of their judgement of the severity of my illness.

[CuriousAboutIt]

@Goddess
That is exactly the approval that I received through FMLA and through my personal physician. BUT a doctor cannot and will not write a note stating that I was ill or required time out of work if I did not actually physically visit the office at the time in question. I did contact my physician and ask, they told me that since I had the treatment a few days prior, they had no way of knowing which days it would effect me more or less and that unless I came in to the office each day it effected me - they couldnt write a note to vouche for me.
Which is precisely why I got FMLA, because I am at a point in my treatment where it is becoming far too difficult for me to get up and go to the doctors every time I feel nauseous. Some times, it will pass if I ride it out but other times, I am violently ill and cannot move from my bed and to add the weakness and impaired ability to function properly. Its just a simply unreasonable idea.