To FMLA or Not FMLA

[SIF_Stressed In Fl]

Florida,

I have two lawyers now offering to help with my WC injury/case. My job has advised me to file FMLA papers for my fall related accident for job security. The papers deadline is 11/6/11. One lawyers paralegal has advised not to fill out the papers because if I have surgery on my neck etc I may be out longer than 1280 hours and then I could be terminated. (We are a union company) The other paralegal felt I should fill out the paperwork. I'm sure there is more to it I just get confused easy now and don't remember a lot of what I'm told. Does anyone have any input on this matte? Running out of time.

[1171]

i don't think you have a choice.
if the employment is protected by the Federal Family & Medical Leave Act, the employer is required to protect your job for a minimum of 12 weeks.
if the union contract or the employer's own policy dictates a longer period, only then would you get greater job protection.

what if by some oversight it didn't get filed? couldn't they terminate you during the gap?
and then what?
ask for retroactive coverage?
and you are right back to getting FMLA coverage from the beginning.

you can't artificially extend the 12 week protection by filing late; it just ends up reverting back to the first day.
a legal aid is not an atty. have them check with someone who knows.
http://www.dol.gov/whd/fmla/

[LeglEgl]

1171 is right. It's not your choice to comply or not. It is the employer who initiates the FMLA when a WC claim is involved. The only time the employee can initiate it is when they have a non-work-related issue and need to be out of work for personal illness, family matters, etc.

Some employers don't initiate FMLA, and if they don't, it's on them, not on the worker. Just as you can't choose how this happens, the employer can't "forget" to initiate it at the point of a WC claim, then come back later and file it retroactive to the DOI.

[SIF_Stressed In Fl]

(11-05-2011 01:29 PM)1171 Wrote:  i don't think you have a choice.
if the employment is protected by the Federal Family & Medical Leave Act, the employer is required to protect your job for a minimum of 12 weeks.
if the union contract or the employer's own policy dictates a longer period, only then would you get greater job protection.

what if by some oversight it didn't get filed? couldn't they terminate you during the gap?
and then what?
ask for retroactive coverage?
and you are right back to getting FMLA coverage from the beginning.

you can't artificially extend the 12 week protection by filing late; it just ends up reverting back to the first day.
a legal aid is not an atty. have them check with someone who knows.
http://www.dol.gov/whd/fmla/

Thank you for the reply. My husband just came back from the office and picked up the paperwork. Information is incomplete and I know will be rejected. The 6th is Sunday and the deadline. No one to speak to on the weekend...I guess.

[LeglEgl]

(11-05-2011 03:15 PM)SIF_Stressed In Fl Wrote:  Thank you for the reply. My husband just came back from the office and picked up the paperwork. Information is incomplete and I know will be rejected. The 6th is Sunday and the deadline. No one to speak to on the weekend...I guess.

Deadline would be MONDAY or possibly TUESDAY. Most WC carriers work on a "business day" schedule, not a calendar day schedule. At any rate, if the last day is a Saturday or Sunday, the deadline would be the first business day, anyway, i.e., Monday.

Please post your State, so we can give you some insight as to when the statute might have run.

[SIF_Stressed In Fl]

(11-05-2011 03:33 PM)LeglEgl Wrote:  

(11-05-2011 03:15 PM)SIF_Stressed In Fl Wrote:  Thank you for the reply. My husband just came back from the office and picked up the paperwork. Information is incomplete and I know will be rejected. The 6th is Sunday and the deadline. No one to speak to on the weekend...I guess.

Deadline would be MONDAY or possibly TUESDAY. Most WC carriers work on a "business day" schedule, not a calendar day schedule. At any rate, if the last day is a Saturday or Sunday, the deadline would be the first business day, anyway, i.e., Monday.

Please post your State, so we can give you some insight as to when the statute might have run.

State is Florida ///'Stressed in Fl\\\ The doctors mother has died and I got little cooperation from his staff. She changes some areas of the form but actually made it worse. I'm sure it will be denied.

[LeglEgl]

(11-07-2011 07:47 PM)SIF_Stressed In Fl Wrote:  State is Florida ///'Stressed in Fl\\\

DUH. Yeah, I guess I should have caught that. Sorry

It would be wise to ask the ATTORNEY about the form, rather than take conflicting suggestions from two Paralegals.

We don't have all the details, the paperwork, etc, so none of us can give you a clear analysis. It seems to me that you're getting confused over all this. Just submit the FMLA form and go from there. It's not likely it will be denied, even if there are errors on the form.

[SIF_Stressed In Fl]

Thanks, I submitted and we shall see. I've had a lot of headaches and much weakness in my arms. So I apologize up front with everyone if I should ever come across as being "short". Tire very easy