How many people that were "laid-off" had FMLA?
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I took about 10 weeks off using FMLA for the birth of my child within the last year and I have not been impacted directly by the layoffs (yet anyway).
I can confirm that. I was in a supervisory position at a health care company in Florida and had a nurse on intermittent FMLA for years. We could not let her go for anything and her job performance was horrific. Also, she had intermittent FMLA for her two children who were handicapped and basically rarely ever worked. This went on for years and our hands were tied
Interesting question. I wonder about FMLA that doesn't run out ( intermediate FMLA). I know people with Cronin conditions and have FMLA year round. FMLA really only covers you from being fired due to the condition, like calling in sick. Friends who are managers at other companies, have said they are told not even try to let FLMA employees go.
Please direct all FMLA complaints to your local dept of labor. A quick and anonymous call to your local Dept of labor will tell you if you have a case or not. I did it and my situation didn't qualify as a violation by Humana even though the Dept of Labor worker told me it was very shady. You can also do a free 10 minutes phone consult with most employment lawyers and they will be honest on if you have a case or not. Good luck!!!!
If those who came back to work under those circumstances listed in this post join together= major PR nightmare for big shots at Humana not to mention a lawsuit.
To clarify, I'm referring to coworkers who were back after leave. Not let go while on leave.
Interesting...fmla has to guarantee you a job when you come back, but not your job, the one you had when you left. If anyone laid off was still in fmla, they would have a job.
I'm sure if we just ask at the next meeting, the higher ups will shed light on this question, considering they are now all about trust and transparency. Okay, maybe not.
But it is a question I was wondering myself. Of my coworkers who were let go, there seemed to be a common link - time off due to major illness, new Moms back from maternity leave, associates who had to take time for family illness or tragedy - some top performers in the bunch.
Yes it would, my uncle was a supervisor and often remarked that people in his organization were often let go due to their having FMLA. People often think this is safe because they cannot get fired, however, they don't realize that at some point the FMLA ends and they are at risk.
I do know that absences and time off due to FMLA were looked at by the managers, but not sure how many people that got laid off had FMLA or a lot of absences. It would be interesting to know.