Legal Question in Medical Leave in Massachusetts
Can I pursue legal action against my company for discrimination during FMLA?
At two months pregnant, notified employer I would be taking FMLA after birth of baby. In meeting with my supervisor I was asked if I would take advantage of the company daycare and if the baby and my husband would go on my insurance. Answered that I would be reviewing all options and deciding what was best for my family. Was told I could potentially cost the company a lot of money. Met with HR Dir. regarding FMLA, not given any written documentation was told I could not use sick time. After baby was born I received an e-mail on my work account (which I was not checking)that I could use sick time but needed to indicate if I intended to cash in. Prior to leaving I filled out a form outlining my return to work after eight weeks at home as two days a week for five weeks. This was discussed and agreed upon by my supervisor and HR. I was called often during my leave to answer questions and deal with problems, not compensated. Before my part-time return I worked on a situation that required a great deal of time, which I was not compensated for. Since return I've been expected to produce fulltime work load in two days. I have been admonished in e-mails to others for not finishing tasks well. Before FMLA, was highly regarded.
1 Answer from Attorneys
Re: Can I pursue legal action against my company for discrimination during FMLA?
In order for workplace harassment to be actionable, under any given theory, usually you would have to await for an adverse employment action to occur. Where adverse actions are not readily tangible, then it is usually said that workplace harassment has to rise to a level in which no reasonable individual would tolerate, or should be expected to tolerate, the intervention and reprimands.
Regarding the calls for consultations, you should inquire into local law to see if they may be compensated.
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