i was fired for not returning back from FMLA-IN

(Indiana)

A month before I was to return back from FMLA, I called my boss because I was having major sitter issues. My baby had a major case of colic and cried ALL of the time. I have three kids and the cost of daycare where I lived was going to run me 250-300 a week. This was too much for my family and I was not going to take the baby to just anyone, I was very afraid that someone might hurt her. I really did not know what I was going to do. I worked a salaried job (45 plus hours a week). I did have a couple of options that I ran by my boss. My mother in law would watch the kids, but I would have to be home earlier. i asked if I could switch from salary and only work eight hours a day to make this work. They said no. I had another lady, but I would need to be home a 1/2 hour earlier. I asked if I could only take a 1/2 hour lunch and leave a 1/2 hour early..they said no. Then a week before I was supposed to return, I told my boss that my husband would be taking some time off of work until we figured out what to do. But he had to finish the job he was on first in order to do this. I was supposed to return on a Tuesday, and I asked my boss if I could return that Friday or Monday (2-3 days beyond my FMLA) so that my husband could get his work done and stay home with the kids. My boss said that was fine. Then my boss called me at then end of the week to see how things were and told me I had to be there on Tuesday, and he also told me that he never told me that it was ok to come back on Friday or Monday. I questioned him, but not too much, as he was still my boss. But I was so upset because this is not what he originally told me. I told him I would do my best. Tuesday came, and I still had not found anyone. I sent an email to three of my bosses stating why I would not be there. I also called my boss on the phone and let him know that I could still be there Friday. At this point he told me i was fired. I worked for this company for almost nine years, and I gave my heart and soul to them. They make special schedules for other people, but would not work with me at all??? After I was fired they laid a bunch of people off and cut others pay. i know that is why they would not work with me. Since they originally told me i could have the extra time, do you think I have a chance of winning my appeal?

Hi Anonymous,

It’s a possibility and is your only viable argument. You should focus your appeal and testimony upon all your efforts to preserve your job.

Since it was a discharge the burden will be upon the employer to prove it was for misconduct. And since you had tried to get the employer to agree to a number of alternatives .. one of which they finally agreed to and then rescinded I think there is a good chance the determination may be reversed.

You can use emails if you have any as documentation to your efforts and if the judge believes that the employer rescinded the offer to let you come back on Friday was because of impending layoffs .. they may see the ulterior motive for the employer’s actions .. as I do:)

You did in fact request a personal leave to accommodate your childcare issues. Focus your testimony on the refusals of the employer to work with you instead of the reasons you were asking for them .. like the financial hardship of childcare .. instead focus on the “adequacy”.

I’m curious about what the determination states as the reason for denial.