I am on FMLA for my father; he had major cancer surgery on May 28. I went to work on May 30 and was told I would have to resign or be terminated by June 4. She told me to either choose my job or my dad. I still have some FMLA time left. I also told her I could work 3 days a week until I know what's going on with my dad. She won't let me do that. Is there any help? I don't know what to do; is there anything I can do?
-- cathie
A.
The Family and Medical Leave Act "FMLA" was enacted to help employees and their families who have serious health conditions that prevent them from working for temporary periods. The FMLA contains two distinct provisions: (1) an entitlement clause and (2) an anti-discrimination clause. The entitlement clause gives certain rights to employees such as the right to have their job back once they return from a qualified leave. The anti-retaliation provision provides that it is unlawful for an employer to retaliate against an employee for taking FMLA leave.
Your situation sounds like it may be a violation of both of these provisions. You should discuss this matter with an attorney experienced in employment law to see if you have a case.
John F. Melton
Ross|Melton, P.C.
1104 San Antonio Street
Austin, Texas 78701
Austin employment lawyer
