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Theodore Hayes
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Line Cook at Kimpton

FMLA employee abandonment?

I suffered from a serious allergy condition on my wrists and hands. I went to my VA Medical Center. Doctor put me on medicine and ointment and gave me sick note for job, going to be out for two weeks. I give note to HR. When it is time for me to return to Doctor HR has me stop by to pick up some FMLA forms they would like Doctor to fill out. I take forms to Doctor. They fill them out after examining me. They give me return to work note. Next day I go to HR with completed FMLA forms and return to work note. HR informs me that they have to 'confirm' the note and my supervisor will be contacting me when I can be placed back on schedule. Days go by. I return to VA Medical Center and get contact numbers of Doctor and PA who attended me. I email these to HR hoping this will expedite the process. Nothing. I can not clock in or out anyway because company has taken me out of system while on FMLA. I download and print Department of Labor Wage and hour divisions' form w-380, certification of serious illness. I have VA Medical Center fill out these forms and then email HR that I have them ready and will submit them when I return to work as per company employee handbook. What I am getting at is this: I have all of the documents. Doctors have signed off that I can return to work. I can not return to work until company pulls me off of FMLA and places me back in to their system. Is there any avenue I can use to compel HR to place me back on?

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about 8 years ago
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Theodore Hayes
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Line Cook at Kimpton

Stopped by today. A friend at work messaged me the new schedule. I am on it all week 4pm-11pm. Went to HR with Form w-380 etc...HR asked me who sent me the schedule. I told the who and replied that this person is not my supervisor. Only the supervisor or them can place me back on schedule, ( Had I been thinking on my feet I should have replied: WHO MADE THE SCHEDULE?). Anyway, the person in HR is being the only roadblock to me returning to work. They even asked me where I got the paperwork. Department of Labor Wage and Hour Division I told them. Told them I have to submit upon return to work as per page 51 of employee handbook. The pulled out a copy of employee handbook I had downloaded. This shut them up for a minute. Then they proceeded to talk to me like I was three years old. Reminding me that only them or my supervisor could place me on the schedule. I think I may have a case here. Does being a disabled Veteran help? thoughts?

8y
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Lillian Lopez
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Accounts Payable Representative at Veolia Environmental

@Theodore: I would suggest seeking an attorney's advice as it seems that HR could possible use the excuse of Job Abandonment to replace you.

8y
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