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Can my employer terminate me because i immediately went on fmla and let them know last minute. my fmla was approved by sedgwick

Visalia, CA |

friday april 26 2013 called supervisor that wasnt going into work. i said i was sick. but it was actually my daughter. i still have up to dec 2 2013 to use my fmla so when monday came i called sedgwick thats in charge of fmla to our company and they approved it and to let my supervisor know and i did. he said when i found out i told him today (that was monday april,29,2013) i told him it was goiing to be the whole week. april 29 2013 to may 3 2013. my hr called me april 30 2013 and said that they needed to be notified 30 days in advance but i told her im taking baby bonding to care for my child. from there she stated that she was going to let my supervisor know. on wednesday a source called me and let me know that h.r. didnt approve it but she has not notified me of issue or my superintend

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Attorney answers 2

Posted

Under the FMLA, you are required to give your employer certain reasonable notice of the intent to take such leave. However, the law does allow for shorter periods of notice if there are certain emergency situations that prevent you from making earlier requests. Your facts do not disclose why you waited to the very last minute to ask for the leave.

You should consult with an attorney that is well-versed in FMLA law to determine if your situation allowed for you to give very little notice, and what remedies are available to you, if any. At that time you can share all of the facts and circumstances with the attorney.

Good luck to you.

This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed only through the mutual execution of an attorney-client agreement. The answer given is based on the extremely limited facts provided and the proper course of action might change significantly with the introduction of other facts. All who read this answer should not rely on the answer to govern their conduct. Please seek the advice of competent counsel after disclosing all facts to that attorney. This answer is intended for California residents only. The answering party is only licensed to practice in the State of California.

Posted

If you are taking FMLA for baby bonding, it seems that you would have been able to give your employer more notice. If your child has a serious illness and you needed to care for her on an emergency basis, it would appear that your employer may violate your rights if they terminate your employment. More facts need to be known. I suggest that you try to work with your employer in giving them reasonable notice and then taking your bonding leave. If you get fired or retaliated against because of the FMLA issue, call an employment law attorney.

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