Legal Question in Employment Law in Alabama

Re: Forced to take FMLA

No. Not really. But this is bizarre. If you worked then contractually you are entitled to get paid for it. If you are non exempt then you have a Fair Labor Standards Act violation. If you are exempt then you have a breach of contract claim.

But FMLA is designed to protect your job. You are entitled to twelve weeks off per year to deal with a serious health condition. You have a lot of protection while under the FMLA. In fact, you are on FMLA whether you request it or not.

This sounds like something that should be worked out with HR and your supervisor. If you are not being paid, don't do the work.

I have seen situations where HR does one thing and a supervisor wants another. The result is not always good for the employee who gets caught in the middle.

Actually the more I think about it, the more I think this is unreasonable interference in FMLA leave. Your supervisor cannot ask you to do any work at all if you are under any kind of potential FMLA.

Send me an email at [email protected] and we should talk some more if it is a serious enough breach.

Sterling L. DeRamus

Attorney at Law

2015 First Ave. North

Birmingham, Alabama 35203