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  1. #1
    randomguy128 is offline Junior Member
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    FMLA - No response

    My wife put in an FMLA request over a month ago. Her employer told her 2 weeks after she put in that they had her papers and a decision to approve or deny was pending. Now, 2 weeks after that, they can not find her paperwork and still have not approved or denied her FMLA request. Since then, my wife has had to go to work while feeling ill because she is close to being fired under her employer's attendance policy and was unable to use her intermitten leave for her condition. My questions are: 1) What is the length of time an employer has to respond to such a request? 2) What is my wife's recourse when her HR department will not give her an answer? 3) What is my wife's recourse for having to continue to work through her condition because her employer's failure to respond to her FMLA request 5 weeks prior?
  2. #2
    randomguy128 is offline Junior Member
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    Oops...

    I forgot to put my state...Indiana
  3. #3
    cbg
    cbg is offline Senior Member
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    1) What is the length of time an employer has to respond to such a request? There is no statutory time.

    2) What is my wife's recourse when her HR department will not give her an answer?

    3) What is my wife's recourse for having to continue to work through her condition because her employer's failure to respond to her FMLA request 5 weeks prior?

    Before I answer the other two questions, I have some questions for you, and they do have an impact on the answer.

    1.) How long has your wife worked for this employer?

    2.) In the 12 months immediately preceding her requested leave, had she worked a minimum of 1,250 hours?

    3.) How many employees does the employer have within 75 miles of her location?

    4.) What is the medical condition for which she is requesting FMLA?

    5.) What did her doctor state as being necessary in terms of leave? (i.e., 8 weeks of full leave, 3 hours off three times a week, half days for 12 weeks.....)
    Two things I am tired of typing: 1.) A wrongful termination does not mean that you were fired for something you didn't do; it means that you were fired for a reason prohibited by law. 2.) The above answer, whatever it is, assumes that no legally binding contract or CBA expressly says otherwise. If it does, the terms of the contract apply.
  4. #4
    randomguy128 is offline Junior Member
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    FMLA No response

    1) 15 years
    2) Yes
    3) over 2000
    4) Barrett's esophagus
    5) Her dr put down that she may need a day every two weeks

    She has been approved for this type of medical leave from this dr before.
  5. #5
    cbg
    cbg is offline Senior Member
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    Okay. With those answers comes another one.

    Has she prevented from taking a day that she would otherwise have needed, since she turned the paperwork in? Has she (a) not taken a day that she would otherwise have been able to take (b) taken a day but not had it applied to FMLA or (c) not yet needed to take any time.

    (I'm going somewhere specific with this. Really)
    Two things I am tired of typing: 1.) A wrongful termination does not mean that you were fired for something you didn't do; it means that you were fired for a reason prohibited by law. 2.) The above answer, whatever it is, assumes that no legally binding contract or CBA expressly says otherwise. If it does, the terms of the contract apply.
  6. #6
    randomguy128 is offline Junior Member
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    FMLA No Response

    She has not taken a day that she has needed because she did not know if she could take that day. That day was 4 weeks after her papers were turned in. She would have otherwise taken that day as part of her FMLA leave had she had a response from her employer.
  7. #7
    Zigner is offline Senior Member
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    Quote Originally Posted by randomguy128 View Post
    She has not taken a day that she has needed because she did not know if she could take that day. That day was 4 weeks after her papers were turned in. She would have otherwise taken that day as part of her FMLA leave had she had a response from her employer.
    Because she didn't take/attempt to take the day off, she hasn't been refused FMLA leave yet.
  8. #8
    randomguy128 is offline Junior Member
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    FMLA No Response

    She did take off 4 weeks earlier and put in papers for FMLA leave. After 5 weeks her employer still has not responded to her intermittent request. Four weeks AFTER she originally put in her paperwork, she needed another day of leave because of the same condition, but was unable to take it because she still had not recieved an approval or denial from her HR dept.
  9. #9
    cbg
    cbg is offline Senior Member
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    Can you answer my other questions, please? I asked them for a reason, and they really are important to what, if any, recourse she has.
    Two things I am tired of typing: 1.) A wrongful termination does not mean that you were fired for something you didn't do; it means that you were fired for a reason prohibited by law. 2.) The above answer, whatever it is, assumes that no legally binding contract or CBA expressly says otherwise. If it does, the terms of the contract apply.
  10. #10
    randomguy128 is offline Junior Member
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    FMLA No Response

    The answers to your questions are:

    a) yes
    b) no
    c) no

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