AboutThomas R. Ballas Expertise I will take questions about EEOC complaints, ADA, FMLA and most Human Resource issues. I am an expert in the Railway Labor Act and collective bargaining agreements
Experience 35 Years in the Rail Industry, the last 19 in Senior Management. Lead negotiator for the Company in collective bargaining talks with 3 different unions covering 9 different agreements
Education/Credentials BA in Psychology, University of North Florida
Professional in Human Resources
Senior Professional in Human Resources
Question My father-in-law is very suddenly ill and sadly terminal. My mother-in-law has worked for a large company for nearly 35 years and has been a model employee. She has taken 4 days off (vacation time) to take him to the doctor and be with him in the hospital. The HR department head notified her yesterday that her job was under review, because of this. She will qualify for FMLA, but the head of the HR department is threatening her and creating a very hostile work environment for her. To be honest, the HR head is a total jerk and everyone in the company is scared to death of her. From another employee there, we were told that the FLMA paperwork would need to be submitted to the president of the company or it would be denied by this HR head. What are my mother-in-law's rights? What legal action could be taken against the company? She is not trying to accomplish anything other than spend the last few days or possibly weeks with her husband, keep her health insurance, and make sure that she has a job to go back to and a life after he is gone. The stress that the company has placed on her is shocking at a time like this. What can we do?
Answer Nancy:
Presuming the company is covered by FMLA, and I have attached the site that will help you determine this, and presuming your Mom qualifies, she is entitled to 12 weeks leave to care for her husband.
She should promptly write the HR department, with copy to the Presidents office, requesting FMLA in order to care for her husband, and submit within 15 days supporting paperwork executed by the physician providing his health care. You should get the forms from the employer but I have given you a link to them.
Do not be late with the paperwork, as that is grounds to refuse the leave. If qualified, this certainly is grounds for the company to grant the leave, and FMLA protects the employee from adverse action account any absences related to her providing care. Below are links that define all this for you. Good luck.
Tom Ballas
OVERVIEW
* The Family and Medical Leave Act was amended on January 28, 2008. Please visit Wage and Hour's Web page for additional information.
The Family and Medical Leave Act (FMLA# provides an entitlement of up to 12 weeks of job-protected, unpaid leave during any 12-month period to eligible, covered employees for the following reasons: 1# birth and care of the eligible employee's child, or placement for adoption or foster care of a child with the employee; 2# care of an immediate family member #spouse, child, parent# who has a serious health condition; or 3# care of the employee's own serious health condition. It also requires that employee's group health benefits be maintained during the leave. The FMLA is administered by the Employment Standards Administration's Wage and Hour Division within the U.S. Department of Labor.
Application of the FMLA can also be impacted by the Uniformed Services Employment and Reemployment Rights Act #USERRA), Consolidated Omnibus Budget Reconciliation Act of 1986 #COBRA), the Americans with Disabilities Act of 1990 #ADA), or the Health Insurance Portability and Accountability Act #HIPAA). See "Related Topics and Links" below.
