FMLA Question

[ingrid2010]

What is the name of your state (only U.S. law)? MA

My husband was recently out sick for 2.5 weeks due to a medical condition. He had plenty of sick time and took straight sick time for his illness. He went back to work with medical documentation and still has 3 weeks of remaining sick time. This occurred back in January.

Yesterday, he was called into his bosses office and was informed that HR is threatening him with disciplinary action if he does not complete paperwork for FMLA for his time out sick.

He has been at his job for 15 years (union position), has never had any problems, very rarely out sick, and has had two prior surgeries over the years that kept him out for a few weeks. He was never asked to use FMLA in the past.

Can an employer force an employee to use FMLA in a situation like this? From what I'm reading FMLA is an option that the employee may "elect" to use.

Thanks for any help!What is the name of your state (only U.S. law)?

 

[swalsh411]

Can an employer force an employee to use FMLA in a situation like this? From what I'm reading FMLA is an option that the employee may "elect" to use.

I don't know where you have been doing your homework but that is entirely inaccurate. If the conditions of FMLA protected leave apply, then they apply.

FMLA protects both the rights of the employee and the rights of the employer. There is no good reason why your husband would not want this protection. If he does not cooperate he can legally be disciplined.

 

[cbg]

Whatever you are reading is wrong.

If the employer, the employee, and the medical condition all qualify for FMLA, the employer is REQUIRED BY LAW to at least tentatively grant its protections.

However, there is a flip side to that coin. If the employee refuses to provide medical verification that FMLA applies, then the employer is free to withdraw the FMLA protections and apply their standard attendance policy. If that means your husband is disciplined, or fired, for excessive absences, then that's what his failure to provide the FMLA backup means. And it's 100% legal.

His previous attendance is not what's at issue. A two and a half week recent absence is.

 

[ecmst12]

If he completes the paperwork, he gets the protection of FMLA - meaning he can't be disciplined or fired for missing the time. If he refuses, he doesn't get the protection, which means he CAN be disciplined and/or fired. So why wouldn't he just do the papers?

 

[Beth3]

He had plenty of sick time and took straight sick time for his illness

The fact that your husband had paid sick time available does not negate his need to complete FMLA paperwork. Paid sick time is the means by which he gets paid for his absence time. FMLA is the means by which his absence time is protected.

As the other responders have pointed out, your husband must complete the FMLA paperwork. The employer is legally obligated to extend FMLA to any employee who is absent from work for a qualifying reason and they may insist upon the paperwork being completed.

 

[startedone]

What, he cannot complete the paperwork? Or he is just lazy? Why has he not completed it? The jobs not done until the paperwork is.

Or he does not want to complete the paperwork because he is anti-FMLA?

Well, if he does not want to claim protection under the FMLA then there is none & he can be fired on the spot.

Me thinks he'll be completing that paperwork.

 

[ingrid2010]

Update to my question

Thank you all so much for your responses! I assure you my husband is not lazy or anti-FMLA. The issue is that we both work for the same employer so we are told that our FMLA is combined. I am getting ready to give birth to twins and my husband does not want to take 2 weeks FMLA because it will take two weeks away from my FMLA leave, which he doesnt want. On a good note, his boss spoke with him this morning and said he does not have to complete the paperwork so it all worked out for the best. It is good to know the correct answer to the question since I'm not an attorney and clearly, my interpretation of what I was reading online was incorrect. Thanks again.

 

[cbg]

Your FMLA is only combined for the birth of your children. I believe I answered a related question elsewhere on this forum. If so, if the other question I answered this morning regarding your FMLA was yours under a different screen name, then your situation is much more complicated than it appears on the surface because of a MA state law. It would have been good to know ALL the facts when answering this question. You got a correct answer for the question that you asked here; however, in this thread you omitted material facts that have a drastic affect on the answer. Knowing ALL the facts is key to getting a valid answer.

 

[ingrid2010]

To CBG

A friend who I asked the question this morning tells me he also posted somewhere on the board. Sorry for the confusion. I assure you, the only question we wanted answered is can our employer force my husband to take FMLA for being out only 2 weeks with medical documentation. It didn't seem correct to us, but we were wrong. That's all we wanted to know. Thanks again for your help.

 

[ecmst12]

But THOSE 2 weeks of FMLA for him will NOT reduce your available time.

This is your friend's thread with CBG's excellent answer:
https://forum.freeadvice.com/job-discrimination-harassment-30/fmla-576236.html#post3026435

 

[Willlyjo]

But THOSE 2 weeks of FMLA for him will NOT reduce your available time.

This is your friend's thread with CBG's excellent answer:
https://forum.freeadvice.com/job-discrimination-harassment-30/fmla-576236.html#post3026435

I agree. I've never heard of a husband/wife's FMLA benefits being combined because they work for the same employer! This just isn't so!

 

[cbg]

Willyjo: by FMLA statute, that when husband and wife work for the same employer AND the FMLA event is a birth, they share the same FMLA for that event.

If you read through this opinion letter from the DOL, you will find the regulation saying so.

U.S. Department of Labor — Wage and Hour Division (WHD) — FMLA-83