My mother needed urgent surgery. We both work for the same company, she for 15 years full time, and me for 4 years part time. She took time off and qualified for FMLA due to the nature of the surgery, I took my allowed 30 days off per company policy to take care of her, and properly requested the time off which was approved by my manager. I took off from April 1st to April 30th.
After 2 weeks I enter on the company’s computer website to see my schedule, and I am unable to enter. The week after (only 28 days have passed) being April 28th, I go into the store and speak with my manager since I could not enter the company’s schedule system.
My manager informs me I’ve been gone “too long” and my job post is no longer there and that I can reapply but there is no guarantee she will call me back to be rehired. (Even though I’ve requested my time off correctly.) [I am sure this was recorded on the Camera of the store which we spoke under)
In the heat of the moment I said thanks and walked out.
I called corporate to inquire about my first and last dates (Since I wanted to file for umployment while I am looking for a job) and My last date in the system appears on their records to be May 6th!
Which means my manager lied to me, and I was already on the schedule for the next week. I think she kicked me out of the system.
This is an at-will employment, for a large supermarket chain. My evaluations were always great, Always on Exceeds Expectations (a tier lower than the max). I never had a counseling statement, and was never suspended.
My mother’s job was protected due to the FMLA, and I did not know my job could have been protected as well due to me being her caretaker.
Can I file? I was never formally fired.
My state is Florida.
Do you have any sort of documentation proving the time off was requested per company policy and approved as well?
Any documentation from a doctor stating your mother needed the care and that you were reasonably the only person to provide it?
Clearly you would not be eligible for the time off as FML because you are part time, but it would be of import to know what the company policy states that you are citing as making it possible for you to take this time off.