Fmla

What is the name of your state? CA

Who is responsible for initiating FMLA? Is the employer or employee?
Thank you

Generally speaking, the employee. An employee needs to request FMLA leave and the employer may then have the employee and their doctor complete FMLA certification paperwork. However if the employer determines that an employee is absent for a reason that likely qualifies as FMLA, the employer can and should initiate a request that the employee and doctor complete certification paperwork, even if the employee has not requested it.

FMLA related question

I received a letter from my employer stating that I was being put on FMLA and that after 12 weeks they could start charging me for my health insurance premium and that there may not be a position available when I would be released to return. The stated my FMLA (benefit pay) would start on June 20 2004 - LOL - 10 days prior to it becoming available to California - When I questioned my boss "off the record" about my job of 9 years - he said if i attempted to return my immediate supervisor and a certain co-worker would make my life difficult until I would resign. This statement has haunted me since that time - I am still in recovery but soon to be released to the work force - and it appears I could be facing a wrongful termination?? Also - prior to my accident I was verbally told I would receive a raise and I had a bonus I was told I would receive that I never did - also - since Im technically still an employee - do they owe me this accumulated vacation and sick time?? I have been off work for 16 months. They do still pay my health benefits which I am grateful for - but I think its because they know there could be a legality that they could be held responsible for my accident.....

The maximum length of time your employer is required to hold your job is 12 WEEKS. You have been off work for 16 MONTHS. Your employer has no legal obligation to return you to ANY job, let alone put you back in the same one with the same supervisor. No, you are not looking at a wrongful termination; your employer has FAR exceeded what they are required to do by law.

Whether you are owed any sick or vacation time depends on your employer's policy for accrual and your state law.

Calif - So, let me understand your opinion correctly..... you think that it is "ok" to be told - that if you attempt to return to your position that life will be made difficult so that you will leave? After 9 years? And how can an employer TELL you - you are ON FMLA 10 days PRIOR to it being an option in Cal. Not to go over the issues again - but I want to make sure I understand you clear.

You haven't heard my opinion. You've heard what the law says. My opinion as to what your employer should do or whether they are acting fairly or not has nothing to do with the legality of the situation.

The legal answer to your question, which is I assume what you want since my opinion and a dollar will get you a cup of coffee, is that your employer is not legally obligated to return you to work once your 12 weeks of FMLA is used up.

FMLA is a Federal law, not a California law. It has been a Federal law since 1993. California is subject to Federal law. There is no validity to your contention that FMLA did not exist in CA until July 0f 2004. CA implemented a paid leave policy at that time, but it was not FMLA, which had already existed in California and all other states for 11 years at that time.