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Question about FMLA form

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hasn7

Junior Member
What is the name of your state (only U.S. law)? I live in CA and I remotely work for a company in Utah from home. I was working as on need basis so my hours were varied from week to week. I have been working there from March, 2005 as data specialist. I do not get any benefits from this job including paid holidays and medical benefits. I recently got ill due to pregnency so I imformed my employer about my illness and pregnency that I may work limited hours if I m not feeling well. My employer sent me disability and FMLA form to fill out by my doctor. I told them that I am not interested to file disability but they still asking me to fill out FMLA form to protect myself and my job.
My question is am I bound to fill out this FMLA form? I am still working some part time hours with the company. My condition is little better now. I think I can work my normal hours except some morning hours due to morning sickness and doctor appointments. Please let me know about my rights and if I have to fill oout FMLA form?What is the name of your state (only U.S. law)?
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? I live in CA and I remotely work for a company in Utah from home. I was working as on need basis so my hours were varied from week to week. I have been working there from March, 2005 as data specialist. I do not get any benefits from this job including paid holidays and medical benefits. I recently got ill due to pregnency so I imformed my employer about my illness and pregnency that I may work limited hours if I m not feeling well. My employer sent me disability and FMLA form to fill out by my doctor. I told them that I am not interested to file disability but they still asking me to fill out FMLA form to protect myself and my job.
My question is am I bound to fill out this FMLA form? I am still working some part time hours with the company. My condition is little better now. I think I can work my normal hours except some morning hours due to morning sickness and doctor appointments. Please let me know about my rights and if I have to fill oout FMLA form?What is the name of your state (only U.S. law)?
If they asked you to fill it out, what's the problem?
I don't think you qualify for FMLA - but what can it hurt to fill out the form?
 

hasn7

Junior Member
I am not interested to fill it out because I m not interested to take unpaid leave. I just want to know if I m bound to fill it out or can I refuse to fill it out. plz let me know.
 

Zigner

Senior Member, Non-Attorney
I am not interested to fill it out because I m not interested to take unpaid leave. I just want to know if I m bound to fill it out or can I refuse to fill it out. plz let me know.
You ARE taking unpaid leave :rolleyes::rolleyes::rolleyes:
 

ASLinDC

Junior Member
RE: FMLA & Unpaid Leave

If your doctor will sign off on your FMLA form he/she should also be willing to sign off on a short term disability claim. I encountered this same issue this summer. It is only about 60% of your check but if you have it - use it!
 

ecmst12

Senior Member
She may well qualify for FMLA, 1250 hours over 12 months is only about 25 hours per week average.

In any case, FMLA does not hurt you at all. There is no reason NOT to fill it out. What you are offered, if you qualify, is that your employer will allow you to reduce your hours as needed due to your intermittent medical issues up to the limit allowed by law (the equivalent of 12 weeks or however many hours that would be for you on average) without fear of being terminated. There is no downside as you are protected from disciplinary action for requesting FMLA.
 

cbg

I'm a Northern Girl
Do you understand that if you refuse to submit the FMLA form, the time you do not work is NOT protected and can leave you open to termination for excessive absences? If you are working limited hours that means you are not working full time. If you are not working full time then either you are on FMLA for the time you are not working, or you are subject to the employer's attendance policy. FMLA does not have to be taken in one big block of time; just a few hours a day can also be FMLA.

There is no downside to completing it but there is a downside to refusing.
 

pattytx

Senior Member
Wait a minute. OP, you said you were working "remotely" from home. In order for the company to even be subject to the FMLA, there must be at least 50 employees within a 75-mile radius of the employee's work location. Is there?
 

Zigner

Senior Member, Non-Attorney
Wait a minute. OP, you said you were working "remotely" from home. In order for the company to even be subject to the FMLA, there must be at least 50 employees within a 75-mile radius of the employee's work location. Is there?
That's where I was headed too ;)
 

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