HR said I don't need FMLA

[NVworker]

Is this true? When I asked my HR manager if I needed to fill out the FMLA paperwork for my absence after surgery, he said no. He said you are workers comp and FMLA isn't the one that pays you. I told him I realized that and that I was under the impression that I needed to file for FMLA because that is what protects my job. His response was "I will protect your job". Yeah right!

So my question is...do I file for FMLA even though he said not to? I'm pretty sure if I don't then I have no protection what so ever. Any advice?

Also, FMLA is handled by a third party through my employer.

Thanks again for helping with my many questions

[Bad Boy Bad Boy]

I once remember it was up to the employer to file for FMLA, and yet I still had to supply the paper work to get it rolling. I don't understand to why a 3rd party would have to do this and not HR?
Form;
http://dop.nv.gov/Forms/NPD-60.pdf

http://www.expertlaw.com/forums/showthread.php?t=14138

http://www.nevadaworkerscompensationlaw....d-workers/

[1171]

not every employer is subject to FMLA
check out the qualifications here
http://www.dol.gov/whd/fmla/index.htm
if so, put a note in writing to your employer that you have requested it and keep a copy.

[chrischris]

I didn't file FMLA. Was off work and returned to work 3 times. When I knew it was over for me (working) I filed FMLA, and retired early when it ended.

If your HR dept. "tells" you something, especially when you are dealing with WC, always get it in WRITING.

[NVworker]

Thanks everyone...

Quote:. I don't understand to why a 3rd party would have to do this and not HR?

It use to be that we would file the FMLA paperwork through HR but as of last year the company that handles our STD and LTD took over handling FMLA. We submit our request online and they send us the paperwork for the doc to fill out, then they approve or deny. Our employer isn't in the loop until they get the email saying whether we were approved or not. It's a very large national company. They are also self insured.

Quote:If your HR dept. "tells" you something, especially when you are dealing with WC, always get it in WRITING.

I plan to send him an email tomorrow, hopefully he responds through email as well

If I don't file for FMLA because HR said I didn't need to, can't they fire me right away when I have my surgery next week?

Thanks for the links too...