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FMLA Dates

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kkelly

Junior Member
What is the name of your state? California

My doctor wrote me off work for 2 weeks, I asked my employer to send me the FMLA paperwork at that time and they said they would send them out. Two weeks have passed and I still have not received those documents. I spoke to my employer 5 days after requesting them and they said they would check on it. My doctor has now written me off work for another 4 weeks. It is my understanding that you can not go back and post date these documents, it that correct? If so does that mean that these last two weeks would not count toward my 12 week entitlement? How do you "officially" go out on FMLA? I have sent them my off work slips from the doctor. Thank you :confused:
 


cbg

I'm a Northern Girl
Initially when the law was first written, it was ruled that essentially no time could be made FMLA retroactively. However, a few years ago there was a US Supreme Court case, Ragsdale v. Wolverine, that changed that. So yes, it's possible that the last two weeks will still count.

However, what I would do in your shoes is contact them one more time and tell them, politely, that if you do not have the paperwork in your hands by Wednesday, you will be forced to file a complaint with the US DOL.
 

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