Legal Question in Medical Leave in Florida

Fmla law & rights

I work as correction officer.I was waiting for transfer. Policy for transfers is based on seniority and you must have 12 or less chargeable absenses in the year going back that they look at.During that time I had less than 12 chargeables absenses but was on FMLA twice--once for a serious personal condition using intermittent FMLA and once for birth of daughter..I have papers and both were legal and approved.Now they are saying I show more than the 12 chargeable absenses because I must not have said FMLA when I called in to the Sargeant on duty so he coded it something else. I know for sure I did tell them FMLA!Nothing is recorded other than the sargeant writing it down somewhere. They are saying that some people call in personal sick when they are on approved FMLA in order to save their FMLA time!! I don't know about other people but I KNOW I didn't do that---I said FMLA but it's their word against mine. The person they are now giving the transfer to has 5 years less seniority than me and I am angry.I did nothing wrong but due to a so called payroll coding problem (I can't code my own payroll!) I am paying the price and being denied a transfer I've waited long time for. Is what they are doing legal? What recourse do I have?


Asked on 10/20/08, 5:03 pm

1 Answer from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Fmla law & rights

Was there anything in writing or just a phone cal? If only a phone call, then you have a tough case and no proof other than your testimony against your fellow employee. Were you paid? FMLA does not involve pay, so if you did get paid you should have recognized the error and corrected it at the time.

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Answered on 10/21/08, 9:58 pm


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