Legal Question in Medical Leave in Indiana

Getting written up for taking FMLA leave

I am a nurse at the hospital and I have intermittent FMLA leave for migraines. My migraines have gotton worse over the past year and a half. I realized in January that I could take intermittent FMLA leave and I have have called into work many times using the FMLA leave time. I recently got wrote up for two of the occasions. I have FMLA time left and I dont understand why my supervisor is writing me up. I dont hardly ever see my supervisor with me on nightshift. I have called and left several messages but she will not call me back. I have the paper here that states I am getting discininary points against me because of the dates that I missed. Is that legal? Also I have been trying to get on dayshift for the past couple of years over the course of three different supervisors. The current supervisor recently gave another nurse with less seniority than me a dayshift position with no explanation to me as why I did not get the position. I am starting to wonder if maybe it is because I am taking intermittent FMLA leave.


Asked on 7/03/06, 9:15 pm

1 Answer from Attorneys
Andrew Dutkanych Biesecker & Dutkanych

Re: Getting written up for taking FMLA leave

Your FMLA use can not form the basis for disciplinary action. So, if you are being denied transfer to a more favorable position or are being assessed disciplinary points, then your employer may be running afoul of the FMLA. You should contact an attorney or the Department of Labor for more detailed assistance regarding your situation.

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Answered on 7/05/06, 9:22 am


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