What is the name of your state (only U.S. law)? Alabama
I am applying for FMLA & STD. I have 3 questions.
1. SHORT TERM DISABILITY QUESTION: Is an employer required to submit this paperwork or does the employee have the option to submit the claim?
2. SHORT TERM DISABILITY QUESTION: Is the employer violating a law by requiring that the employee and physician to complete and sign the claim form when the employers section has not been completed?
DETAILS:
• The [5 page] claim form was sent to me with the section "to be filled out by employer" [page 1 of 5] incomplete. The only information that they provided was the name of the company & address, HR assistant’s name and phone #. So.... all of the information regarding earnings is missing. I took the claim form to my doctor's office and expressed concern to the RN over completing & signing this document though I have no idea if page one will be completed correctly or if the claim will even be submitted within the allotted time period. The RN was under the impression that we (my doctor and I) would submit this claim ourselves. This company and it's executives are known for "accidentally" & "unintentionally" giving employees a hard time.
• The RN called the HR contact person to request that she send the completed first page so that we could submit. The HR person said it was intentionally left blank because they will submit the claim. My nurse let her know that we would be submitting and the HR person just repeated herself.... WE will complete and submit once the employee and Dr. have done their part...
• The RN notified me today of the conversation and wants me to discuss with the Dr. this afternoon. She was concerned if we did not do as the employer stated, the claim would surely be delayed and result in a denial based on a late submit.
3. FMLA PAPERWORK QUESTION: If my employer did not record my actual job title or my essential job functions and did not attach my job description to the FMLA form can I request that they do so or does it even matter at this early stage? (I fear this is to create a loop hole so that when I return to work "the same or equivalent job" will be questionable and they will create a position that is far from equivalent)
I am applying for FMLA & STD. I have 3 questions.
1. SHORT TERM DISABILITY QUESTION: Is an employer required to submit this paperwork or does the employee have the option to submit the claim?
2. SHORT TERM DISABILITY QUESTION: Is the employer violating a law by requiring that the employee and physician to complete and sign the claim form when the employers section has not been completed?
DETAILS:
• The [5 page] claim form was sent to me with the section "to be filled out by employer" [page 1 of 5] incomplete. The only information that they provided was the name of the company & address, HR assistant’s name and phone #. So.... all of the information regarding earnings is missing. I took the claim form to my doctor's office and expressed concern to the RN over completing & signing this document though I have no idea if page one will be completed correctly or if the claim will even be submitted within the allotted time period. The RN was under the impression that we (my doctor and I) would submit this claim ourselves. This company and it's executives are known for "accidentally" & "unintentionally" giving employees a hard time.
• The RN called the HR contact person to request that she send the completed first page so that we could submit. The HR person said it was intentionally left blank because they will submit the claim. My nurse let her know that we would be submitting and the HR person just repeated herself.... WE will complete and submit once the employee and Dr. have done their part...
• The RN notified me today of the conversation and wants me to discuss with the Dr. this afternoon. She was concerned if we did not do as the employer stated, the claim would surely be delayed and result in a denial based on a late submit.
3. FMLA PAPERWORK QUESTION: If my employer did not record my actual job title or my essential job functions and did not attach my job description to the FMLA form can I request that they do so or does it even matter at this early stage? (I fear this is to create a loop hole so that when I return to work "the same or equivalent job" will be questionable and they will create a position that is far from equivalent)
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