Legal Question in Medical Leave in Tennessee

Terminated

I'm a U.S. goverment employee. I was on FMLA then I was terminated for abandonment of postition. I took leave for the birth of my daughter. I gave my employer a 45 day advance notice. I also asked for a intermitant work schedule which was denied. I filled out the leave form and checked the FMLA box and cited care of newborn. The assisant manager refused to sign my paperwork stating only the manager could do it. The next day I sent an email outlining the reasons for FMLA then I left. I had discussed and recieved a verbal approveal from the manager along with the assistant manager present at the time. Almost immediately I was called by the secretary telling me that the LWOP protion of my leave had been canceled by the manager and HRO. After several phone calls I emailed the manager and asked why my leave was being cancelled. I was informed that do to ''world'' situations and a shortage of manpower that I needed to report in tomorrow. I was then terminated for job abondonment when I refused. Is this legal?


Asked on 5/09/03, 5:16 am

1 Answer from Attorneys
Alan Crone Crone & McEvoy, PLC

Re: Terminated

It doesn't sound right to me. However, depending on the type of job you have and the statutory scheme establishing the agency, there may be an exception to the FMLA for that agency. Please contact me for more information. 800.403.7868 or [email protected]

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Answered on 5/12/03, 11:38 am


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