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Employer not recognizing FMLA?


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I wrote a note to my employer saying that she could stop scheduling me so that my going into labor wouldn't halt the flow of operation at the convenience store at which I worked. I've been out for 7 weeks now, and I went in to request a note saying that I was currently out of work for medical purposes, and everyone there was talking as though I didn't work there any more. I have -not- attempted to regain my position at the store, but the way the owner has been hiring people it seems as though I will not be able to recover my employment. Do you think she may be ignoring the fact that in all technicality I am still employed there? If she is, do you think I would be eligible for unemployment, being as how my employment wasn't terminated willingly?


In all honesty, I wasn't planning on returning to work there but now I'm tempted to at least try if only to see how she reacts. There was minimal security measures at this gas station. No cameras, and she only had one person working at night.. Usually me.. I didn't feel comfortable there at all.. Not to mention, she didn't have any sort of employee handbook, or even the state/federal minimum wage posters or the FMLA info posters, or the child labor act posters put up anywhere.. According to everything I've read, by law, that information has to be posted where all employees can see it.

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There is also official paperwork you have to fill out to be eligible for FMLA. You have to get the doctor to fill out the portion that says why you need the leave.


The law also says that they are only required to give you a similar job when you return, not the exact same job. And of course they are entitled to hire anyone they want in your absence to cover the work they need done. They don't have to leave your job open, just give you a similar one when you come back.


And sadly, they can fire you the day after you come back if they want, as long as they are violating no laws such as discriminating against you based on race etc. If you live in a 'fire at will' state, you can come back, but there are no special protections once you are working again.

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