Legal Question in Discrimination Law in Tennessee
Family Medical leave act
Last June 2002, I took the family medical leave act to be with my teenage daughter after she had given birth to my granddaughter. The OBGYN doctor signed the paper work which I gave to my human resource lady. I took two weeks off to help my daughter and to get legal guardianship of my grandchild in order for her to be on my insurance. When I returned to work I was being harassed by my fellow co-workers as well as my boss and human resources. It has been a year and they are still talking about it or whispering in front of me about my daughter and granddaughter. I fill like my job is in jeopardy because of this. My boss said I should have had to delinquish all my days in order to take the FMLA. I had nine days left and felt I needed them since I had a new child to care for. Can I get fired for taking the FMLA? I really need some help on this and have more to tell.
Thank You
2 Answers from Attorneys
Re: Family Medical leave act
It is illegal to retaliate against someone for exercising his or her rights under the FMLA. This does not mean, however, that you will not be retaliated against, just that the law provides for a remedy. As with most situations in which something as important as your employment is jeopardized, I would advise you to consult with an attorney experienced in this area. If you would like to consult with us, please do not hesitate to contact our office.
Re: Family Medical leave act
Co-workers whispering every now and then isn't harassment, and it seems strange that your job would be in jeopardy just because they're still talking about your daughter and you. Something else is clearly going on, so I suggest you first get some clarity on why they're still talking about you.
I've seen it time and time again where employers get out of seemingly valid claims because frustrated workers do something they're not entitled to do, thereby giving employers all the excuse they need to fire legitimately.
Don't confront your co-workers,--let your supevisors do that. If something they're doing is having a negative impact on your job, bring it up as a work-efficiency matter,--don't ever threaten to sue or cause a fuss yourself over something which may or may not be an issue.
I think it's going to be hard to tie in the FMLA to your current situation, because you only took off 2 weeks and it was a full year ago. So, continue doing your job and then get some legal guidance.