| FMLA Violations: Your employer may not deny you time off because of production needs or because you occupy an important position. Can my employer refuse to grant me FMLA leave? If you are an "eligible" employee who has met FMLAs notice and certification requirements (and you have not exhausted your FMLA leave entitlement for the year), you may not be denied FMLA leave. I was employed by APAC for four years so I had accumulated the hours needed to be able to take FMLA. I was not a key employee. Your employer may not warn, suspend, or discharge you for taking FMLA time. Nor may it issue an adverse evaluation, deny a promotion, count absences under an attendance control policy, or take other action against you. I was terminated and told to be granted FMLA would be a liability by Tom Berns the Operations Manager for APAC in Cedar Rapids. If your need for time off is foreseeable 30 or more days in advance for example, if your doctor schedules you for an operation or you are expecting a child you must give your employer 30 days notice. If you have one to 29 days foreknowledge, you must give notice as soon as practicable. In the case of unforeseeable absences you must give notice as soon as practicable pursuant to your employer's rules and policies. I let my Team Lead know I was assaulted and was denied the time off and was forced to work injured and suffered a seizure due to the brain and neck damage caused by the assault. The assault was not a foreseeable event and I could not provide but immediate notice. APAC says that you have to give ample notice for time off due to billable hours and client compliance guidelines. Refuses to allow you an FMLA leave Orders you to cut short your leave or to report for light duty Fails to restore you to your former position or its equivalent Withholds a benefit or privilege because you take FMLA leave Uses coercion, threats, or intimidation to discourage you from taking FMLA leave Uses coercion, threats, or intimidation to discourage you from exercising your FMLA rights Gives you a poor evaluation or denies you a promotion because you take FMLA leave Fires, disciplines, or demotes you because of FMLA absences Punishes you for complaining about FMLA violations, telling others about the FMLA, or taking legal action Denies you any other rights provided by the FMLA or the regulations issued by the U.S. Department of Labor I have been threatened by APAC with blackballing in the job market and for reporting them. Serious health conditions that qualify for FMLA protection include injuries and illnesses requiring medical treatment which incapacitate you or a family member for more than three consecutive calendar days as well as incapacities due to pregnancy or a serious chronic disorder. The FMLA does not apply to colds, ear infections, or stomach upsets. Here are three common FMLA mistakes, along with suggestions to help employers avoid making them: Failure to notify employees of their FMLA rights to leave. While no one expects HR to make medical diagnoses, its important to understand an employee does not have to ask for FMLA leave by name. If health problems or a family emergency are evident, its incumbent on the employer to he may be entitled to up to 12 weeks of unpaid FMLA leave. I was never informed that FMLA was possible by my Team Lead or Human Resources. I was not a key employee. APAC was more concerned for billable hours than my health. Not taking an employees medical condition seriously. Weve seen cases where HR pros and other managers tell an employee, You look fine to me when the employee is suffering from a debilitating condition. In other cases, employees present clear signs of health problems, but employers ignore what they see until they eventually fire the employee for poor performance or attendance violations. Inevitably, a lawsuit follows. I was not allowed to see a doctor and APAC made assumptions on my condition without getting the facts. A brain and spinal cord injury is a hidden injury. I had to work injured and suffered a seizure iduring a call with a customer and was terminated. When I asked about FMLA, I was told I would be a a liability to APAC by the Operations Manager Misunderstanding attendance issues. Most employers know they may not punish people for taking FMLA leave. But what about attendance rewards, for example? If an employee has a perfect attendance record before FMLA leave, the employer may not take away a promised attendance bonus because of the time missed during the FMLA leave. I had perfect attendance up to the time of my accident. As a result of the assault, I now have a brain/spinal cord injury that has left me with headaches and back pain. I cannot bend or get up off the floor without grabbing on to something and I cannot extend my shoulder or reach without pain. I have been threatened with blackballing in the job market for taking EEOC action and also reporting drugs to the police. My nephew, who assaulted me was high on drugs that he obtained from an APAC employee. I was threatened for testifying in the FLSA case that APAC lost and denied access to my personnel records (despite repeated requests), including information regarding my termination and denial of leave and any hidden files that could suggest targeting. I worked a temp during 2010 and then tha dried up and I am drawing unemployment for the past 6 months. APAC threatened to blackball me in the job market for reporting them. They have fired pople for speaking out on Facebooj for bad practices and were fined because they lied in unemplyment hearings. I was never allowed a copy of my personnel records despite several requests. My headaches which caused the seizure were due to damage to my spinal cord and the upper 3 vertebras in my neck. I suffered the seizure from the abuse, which was construed as rudeness. I also have lower back injuries and my shoulder was injured during the assault. My home number was given to the customer by APAC and I was harassed at home. The seizure caused irritability issues that were misconstrued as rudeness by APAC. During the call, I repeatedly told the caller I was having the seizure and transferred the call to a supervisor and explained the situation. If I was trying to be rude, I would not have done that. I also won my unemployment benefits, because APAC never proved misconduct. APAC has never sent me (despite repeated request) a full copy of my personnel records with documentation of the termination or performance reviews. The caller was given my home phone number and allowed to harass me at home. I need help with the FMLA and getting it heard. Other employees have sued APAC for denial of FMLA | 
