Legal Question in Medical Leave in Georgia

Re: I've been put on ''indefinate'' probation, although absences covered by FMLA

If you are on an approved FMLA leave, you cannot lawfully be in any way disciplined or discriminaated against for taking such leave. This would include placing you on probation for "excessive absences" if FMLA absences are counted in this determination. Dept. of Labor regulations do permit an employer to periodically require recertification of the need for FMLA leave, but this right is very limited. Certainly, to harass you daily for recertifications, insurance receipts, etc., is not only a violation of FMLA, but perhaps various medical information privacy laws.

The U.S. Dept. of Labor, Wage Hour Division, is responsible for enforcing the FMLA and any complaint you have should be made there. Unfortunately, you should probably formally demand your employer to remove you from probation and to cease the excessive recertification requests, or you will be forced to complain to the agency. This will, of course, make for an uncomfortable situation when you return.

Feel free to call or e-mail me any time should you need further assistance.