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Is any of this legal?

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mysticalraine

Junior Member
What is the name of your state (kentucky)?
I am getting fired because when I was in the hospital my heart dr did not get his paper work into fmla in what they say is a "timely manner" It has been submitted and they do have it but are refusing to do anything about it saying it is final denied due to the dr not sending in a letter with the paper work explaining why his paper work was not submitted in a timely manner. Now I had never seen tnis dr till I was hospitalized so of course his office had no records of me till they were sent over by the hospital so they could not submit anything. But seems to me something is not legal when fmla expects a dr to submit a letter stating why his paper work was late. I was given 2 weeks to get it submitted and it was sent in from the dr's office in 38 days. Is this legal? and if not what can I do. I have been told since it was denied I will be fired next week when the company has all the paper work from their legal dept in.
 


cbg

I'm a Northern Girl
The FMLA statute is very explicit; the employee/employee's doctor has 15 days to submit the medical paperwork for the absence in order for FMLA to apply. Given that your paperwork was not submitted until after more than twice that time, the company is within their rights to deny FMLA.

Will the company reconsider if the doctor submits the reason for the delay now?
 

mysticalraine

Junior Member
Fmla

From what I have been told is that if the dr would submit a letter stating why it was late then the company would have something to fight with. But the FMLA group has said they will not accept a letter now.

Thank you
 

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