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My manager has made me afraid to use my FMLA. Can she do that legally?

Fort Smith, AR |

I work in Ar and live in OK. I was approved for 12 weeks of FMLA for Fibromyalgia/Sacroilic dysfunction. As of today Oct 13 i have used 12 DAYS of FMLA since Dec. 2012. I was called into the Managers office and given a Notice of Medical Fitness for Duty Review, given 24 hrs to sign a medical release for them to get my records and told I was abusing the guidelines set by my DR. On my FMLA papers the dr. said I could have a flare 1-3 days approx 1-3x a year. then based upon my history and knowledge of my condition he estimated over the next 6 months 1X 3-4 mths for 1-3 days. The manager said she took the 6 mths and divided it by 3 and said i could only have had 2 flares. I have had 4. She gave me a letter of guidance and direction for failure to mange my unscheduled absences. I can be fired

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Attorney answers 1


It is unlawful for an employer to interfere with an employees rights under the FMLA. However, there have been recent seminars focusing on how Employers may deal with the employee who is allegedly "misusing" the FMLA. Based on the information you provided, another issue you need to consider is whether there is or will be any discrimination based on a perceived disability. Sometimes, it is helpful to explain ALL facts to an attorney, and see whether it is appropriate to "push back". Based on the information you provided, it does not sound like you are "abusing" the FMLA protections. It may also be desired to have another discussion with your physician, who may be willing to fill out another certification. (Please understand that this is intended as answering a general question. Not all facts are know, and I am not intending to create an attorney-client relationship by answering your general question).