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  1. #1
    janny is offline Junior Member
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    Question required to do FMLA?

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

    Can an employer require you to provide medical certification for FMLA if they have designated you to be on FMLA without yoru requesting it?

    Also, can they require me to sign paperwork that says I requested FMLA when I did not request FMLA?

    They want me to sign a generic .pdf file from the US Dept. of Labor which states "I requested", I did not request, how do I sign this?

    J.
  2. #2
    ecmst12 is online now Senior Member
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    If the employee, the employer, and the reason for the leave all qualify for FMLA, then FMLA MUST be applied.
  3. #3
    mlane58 is offline Senior Member
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    Can an employer require you to provide medical certification for FMLA if they have designated you to be on FMLA without yoru requesting it?
    Yes becuase the law says they can.
    Also, can they require me to sign paperwork that says I requested FMLA when I did not request FMLA?
    Again yes because the law says they can
    They want me to sign a generic .pdf file from the US Dept. of Labor which states "I requested", I did not request, how do I sign this?
    What do you mean, How do I sign?
    Look if you don't want to cooperate, then don't and your FMLA will not be approved and your job will no longer be protected and then you can be terminated.
  4. #4
    Beth3 is offline Senior Member
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    Can an employer require you to provide medical certification for FMLA if they have designated you to be on FMLA without yoru requesting it?

    Absolutely. If your leave time meets the requirements for being FMLA, then it's FMLA. End of story.

    Also, can they require me to sign paperwork that says I requested FMLA when I did not request FMLA?

    Yes. You are required to complete the necessary FMLA paperwork when your leave time meets the criteria. If you refuse to sign/complete the paperwork, then you are absent from work without authorization and will very likely be fired.

    They want me to sign a generic .pdf file from the US Dept. of Labor which states "I requested", I did not request, how do I sign this?

    By just signing it. If you want/are in need of any leave time at all, then you are requesting it. The fact that it's FMLA simply makes you entitled to the leave time and provides you with a number of protections under the law.
    A person, who is nice to you, but rude to a waiter, is not a nice person. (This is very important. Pay attention. It never fails.)
  5. #5
    cbg
    cbg is offline Senior Member
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    Let's put it this way.

    If you, the employer, and the medical condition all qualify for FMLA, the employer MUST offer and and MUST at least provisionally designate FMLA, whether you request it or not; whether you want it or not.

    However, short of holding a gun to your head, they cannot force you to return the medical certification. You are free to withhold it if you are determined not to do so.

    The flip side of this, though, is that if you do not return the certification within the time specified (by law, it cannot be less than 15 days - it can be more if the employer so states), then they can pull the provisional FMLA and its protections. That would mean that you are subject to the regular company attendance policy and can be fired for excessive absences.

    What difference does it make whether you requested it or not? If you don't sign it, you don't get the leave.
    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
    janny is offline Junior Member
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    Red face

    Here's the deal, I have enough vacation and sick time to cover my absenses.

    If they force me to take FMLA now I may not have enough of it to take in the event I really need it.

    My intention is not to abuse time off. I certainly don't want to take time off without pay. I just don't want to have my opportunity to use FMLA when I need it taken away from me.

    Thanks for all responses.
    If it's possible can specific codes be sited as reference for requirements.
  7. #7
    ecmst12 is online now Senior Member
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    Google FMLA and read the law. The US DOL has a great web site about it.

    FMLA can run concurrently with your vacation and sick time. And the whole point of it is, you get 12 weeks of it per year (usually a rolling 12 month period) and that's it. You can't get extra protected time by picking and choosing which absences you want to count for it. If you use up the 12 weeks, then they may legally terminate your employment the next time you are absent for medical reasons. It does not mean they WILL, but they CAN. The law was intended to protect your job, but for a limited amount of time. It doesn't matter whether you have sick or vacation or disability to provide PAYMENT for the time you are out. FMLA is only concerned with the TIME.
  8. #8
    cbg
    cbg is offline Senior Member
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    THIS IS NOT OPTIONAL. You do NOT get to "save" your FMLA in case you need it later.

    If you, the employer, and the medical condition all qualify for FMLA, and it appears that they do, your options are these:

    1.) Take FMLA (with or without applying your paid time off to it) and have a job to come back to or;

    2.) Refuse to provide the medical certification and run the risk that your employer will (a) refuse to allow you to use your vacation/sick time or (b) simply fire you for excessive absences EITHER OF WHICH IS LEGAL.
    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.
  9. #9
    I'mTheFather is offline Senior Member
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    Just a follow up question for someone who is clearly not an expert (me)...

    I've read the guidelines, and it seems that a cold or flu which lasts 3 or 4 days and requires no prescription treatment would not qualify. However, I know a few people in different occupations whose employers are qualifying their absences as FMLA.

    Does the requirement to get a doctor's note before returning make it FMLA eligible, or am I reading the guidelines incorrectly?

    Thanks!
  10. #10
    cbg
    cbg is offline Senior Member
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    Simply requiring a doctor's note does not automatically make it FMLA. It still must meet the definition of a serious health condition.

    It is true that a cold will not qualify as a serious health condition. The flu might, depending on the flu. IF an employer actually is qualifying a cold or other minor illness that do not meet the definition for a serious health condition as FMLA, then the employee could theoretically file a complaint with the DOL. However, unless such a qualification ultimately resulted in an employee running out of FMLA when they still had need of it, as a practical matter it may not make much difference.
    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.
  11. #11
    swalsh411 is offline Senior Member
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    A runny nose or upset tummy that keeps you at home for a few days probably does not meet the criteria.

    A health condition lasting more than three consecutive days, requiring continuing treatment.
    Any period of incapacity due to pregnancy or prenatal care.
    Any period of incapacity due to a chronic, serious health condition that continues over an extended period of time and requires visits to a health care provider (although not necessarily for each episode associated with that condition).
    A permanent or long-term condition for which treatment may not be effective, requiring supervision by a health care professional (examples: terminal cancer, Alzheimer's disease, stroke).
    Any absences to receive multiple treatments for restorative surgery or for a condition that would likely result in a period of incapacity of more than three days if left untreated, such as radiation treatment and chemotherapy.
  12. #12
    I'mTheFather is offline Senior Member
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    Quote Originally Posted by cbg View Post
    Simply requiring a doctor's note does not automatically make it FMLA. It still must meet the definition of a serious health condition.

    It is true that a cold will not qualify as a serious health condition. The flu might, depending on the flu. IF an employer actually is qualifying a cold or other minor illness that do not meet the definition for a serious health condition as FMLA, then the employee could theoretically file a complaint with the DOL. However, unless such a qualification ultimately resulted in an employee running out of FMLA when they still had need of it, as a practical matter it may not make much difference.
    That makes sense. The employers are probably just being a little more enthusiastic than necessary in order to comply with the law. Thanks for the explanation, cbg!
  13. #13
    cbg
    cbg is offline Senior Member
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    Anytime, Dad!
    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.

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