Can I sue my employer for continue FMLA HARASSMENT?

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I’ve been with my job for 23years. I work for the Federal Government. For over 8years I’ve had approved FMLA for a serious Chronic Condition. Had knee replacement at 47years old 2018 and had complications leading to two more surgeries in 2019 on same knee. I have restrictions listed on my FMLA, but management continues to harass me about my FMLA. They’re constantly telling me I don’t have restrictions and telling me I need to bring in documentation. I had a supervisor tell me FMLA is just for leave not for restrictions. I was put out the building for not bringing in documentation for my approved Fmla. Was out for 4days and union told me to come back because management claimed they never put me out the building. Came back to work still without documentation and was allowed to do my job within my restrictions. Every other day I’m being harassed about my FMLA documentation. My manager stated I’m suppose to walk around with my documentation on me at all times. My supervisor told me he was privileged to a conversation with my manager and labor relations about my FMLA. IF I ask a question I’ve been told I can go home if I don’t like it. I’m becoming very stressed! What should I do?

Attorney Answers

2
Kelvin Green 4239814.Html ·
FMLA is for leave... doing your job with restrictions sounds like a reasonable accommodation issue that is not FMLA. You need to use your grievance procedures. You may have appeal rights to the MSPB once you’ve used your grievance rights... I wonder if your medical issues qualify under section 501 of the Rehabilitation Act.. I think the EEOC can take it or I think the Office of Special Counsel may take your complaint.... Sueing is not an option because you have to exhaust administrative remedies... and the appeals process takes it into the courts at the higher levels have you discussed this with HR?
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Roderick Bridges ·
I agree with my colleague. It also seems that the required documents your employer is seeking should be in your HR file.
0 upvotes