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

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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

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 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.


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