Legal Question in Medical Leave in Minnesota
FMLA Rights
I called in to work requesting to use PTO on Sept. 18 2006 as I was having difficulty with a knee. My doctor instructed me to work as tolerated. I worked remotely about 79.50 hours only 44.5 hours was recognized by my employer. During Sept 18 week I was being evaluated by an ortthopedic surgeon MRI follow-up appts which found I had riped my ACL out & had a meniscus tear. Surgery was scheduled for October 4, 2006 I requested FMLA for 12 weeks from Oct. 4 per the doctors orders. DR completed the medical certification form indicating no work 12 weeks from Surgery date. My employer changed the date to Sept. 18, to start the FMLA 12 weeks even though the doctor indicated & certified October 4, 2006. Can the employer due this? Then I was placed on administrative leave and stated I was not to report to work stating that I had not provided medical documentation of the need to be away from work from Sept. 18 till December 27 & once I provided medical documentation I would be reinstated. I did this & my doctor drafted a letter dated Jan. 2 w/all the requested information indicating the medical need to be off until 1/02/2007. I then received a letter certified mail terminating my employment 1/10/2007. What are my rights if any?
1 Answer from Attorneys
Re: FMLA Rights
Your question has at least 2 areas that bear further examination. The first is the employer not paying you for all of the hours in which you have worked. The second is the potential FMLA violation. The detail of your siutation is such, however, that it is difficult to address in this sort of forum.
You need to gather together the medical and leave documents, as well as the payroll documents and schedule a consultation with an attorney who handles primarily labor and employment matters. Your right to protected leave may have been violated, but that is almost impossible to determine in this situation.
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