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Intermittent FMLA denied!!!FOLLOWUP
Apr 7, 2006

Hi Nancy Thank You so much for answering. Now I have a big dilema: HR ask me to get my Medical Certification be re-write, after that they appoved my FMLA, now, I hold a Salary position and since I had to disclose seems like they are trying to get rid of me.WHY do I say this??? Since then I have noticed they are watching every single thing I do. They even timed what I do, I have confronted my superiors in a meeting and they admitted that they are watching me. I just found out trough en email forwared to me that payroll have change my employment status to hourly until my FMLA is over wich is very much, sad to say, for LIFETIME. they doing this, Am I been EXCLUDED from any further advacements with-in the Compaany? any upper Managment positions are salary, I know that per our polcies we salary employees are excluded to keep time records, know I have to clock-in and out and getting pay HOURLY...Even under FMLA they had docked me on points and I know for a fact that I am the only Salary employee in my Deparment that is included in the attendace point sytem since I had to disclose my status... Once again Nancy, any help and directions on what to do, I will be so greatfull to you for the rest of my days. I don't want to go on disability nor loose my Job, I have been a very good Employee and active person my entire life and I don't want HIV to be THE GREAT WALL OF CHINA to keep me going on with my life and my Career Thanks Again and have a GREAT WEEK.

Response from Ms. Breuer

Why did you have to disclose? Even completing an FMLA application form does not force you to disclose. That's my first question. But it's water over the dam, so let's go on:

1. FMLA is not lifetime. The law allows you to request up to 12 weeks of unpaid leave per year. There should not be a change in your payroll status unless it's temporary, reflecting only the weeks of your leave. I would approach the payroll person and ask for an explanation of the change in status--in writing. Keep asking. If they get the sense that you're documenting their treatment of you and the changes in your status, they may back off.

2. Once you return from an FMLA leave, your situation should return to what it was. If it does not, politely ask for a written explanation of your change in status. Do not complain, accuse or whine. Simply request a return to your former status now that your leave is complete. Be professional about it. If you do not get the written explanation, you may be headed down a slippery slope unless you get a lawyer involved.

3. And now you're thinking, "How could I afford a lawyer?" The real question is can you afford to lose your job? Work with your local AIDS service center lawyer or the EEOC to file a formal complaint. It may cost you something, but less than it would cost you to lose your job.

Your other questions are about policies that vary from company to company, so I can't comment on them. But please don't let this stop you. Build a file. PUt in every written evaluation and performance review you've ever had. Prepare to defend yourself. You have to decide how far to take this, but your future should not be on hold because of your diagnosis.



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