If I have FMLA for a medical condition, can an employer count those days against me for disciplinary action?

UPDATED: Jul 17, 2012

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Jul 17, 2012Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If I have FMLA for a medical condition, can an employer count those days against me for disciplinary action?

I have been on FMLA for a medical condition, my employer of nearly 7 years called me into a meeting with HR and my union rep to discuss my absences. Despite never being in any trouble at work, they are counting 2 days I was ill for my medical condition as “unexcused”, they are also counting 3 days (within the last 12 months) that I had to stay home or pick up my sick child from daycare, regardless if DR note provided as unpaid. I feel they are “fishing” for something to punish me for. Is this allowed?

Asked on July 17, 2012 under Employment Labor Law, Washington


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Under the Federal Medical Leave Act (FMLA) adopted by many states in this country, and employee cannot be discriminated against or penalized for missing work so long as he or she has a written medical excuse to be away from work in compliance with the express terms and conditions of this act.

From what you have written, it appears that you are being penalized improperly by your employer in violation of the express provisions of the FMLA. As such, I suggest you you consult with an attorney that practices in the area of employment law and/or make a complaint against your employer with the nearest labor department office.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption