Legal Question in Medical Leave in Pennsylvania

I am a single mother of a special needs child and am covered under FMLA. I do utilize this leave for my child when he needs to go to medical appointments, when he is ill or when his Health Aide has not shown up or has called off and the nursing company has no coverage. There have been instances where I have provided the supervisor with documentation from the nursing company that there will not be coverage and it was 4 weeks to 4 months in advance, however the supervisor refused to change my work schedule so that my shift was covered or so that I could come to work and would not have to utilize UNPAID FMLA.

In the last two of my Employee Performance Reviews (EPR) my supervisor has made notations about my FMLA usage and it is my understanding that that is not permissable. Also when I have had to call off and one of my co-workers have wanted to utilize one of their leave days the remark that the supervisors have made was "you can not have your leave day (to the coworker) because 'SHE' called off again!" or there are other remarks about the use of my FMLA throughout the office. I also provided a letter three weeks prior to a schedule advising my supervisor that I did not have coverage for my childs care from the nursing company and asked for a change in shifts, he told me no. I advised him in writing from my email account, as well as verbally and with the nursing company letter that I would be using FMLA..............he is now trying to discipline me for unauthorized leave. How is that possible?

Can anything be done about the level of indiscreation that is occurring with the use of my FMLA, the refusal of working with me or the implementation of this information in my EPR? What kind of recourse is it that I have? Can I sue my supervisor or our "big" employer?

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