FMLA question

[Just Blue]

I also wanted to add: I was told that personnel believes employees are "faking their doctor's notes," etc., and that's why they want the power to approve or deny an employee FMLA for a protected absence. From what I'm reading, they'd better have a damn good reason to deny it.

Please pay special attention to CBG and her questions. answer them.

 

[Chuzzle]

And the rest of the questions? Are you at corporate or a branch?

It's a division of the company.

 

[cbg]

It's like pulling teeth.

Okay, so corporate HR is at another location?

I didn't ask you for the name of the company and I don't want you to post that.

 

[Chuzzle]

It's like pulling teeth.

Okay, so corporate HR is at another location?

I didn't ask you for the name of the company and I don't want you to post that.

Corporate, HR, division are all at the same location - for that particular location. Does that make sense?

 

[Chuzzle]

In other words, each division has it's own corporate, HR, etc.

 

[Just Blue]

It's like pulling teeth.

Okay, so corporate HR is at another location?

I didn't ask you for the name of the company and I don't want you to post that.

You have uber dental skills!!. I can't follow the OP postings...

Thank You for the HR skills that allow you to glean info from muck.

 

[Chuzzle]

Never mind then. It's hard to describe how the company is structured without giving away who it is - they are unique. Thanks for your help.

 

[cbg]

Okay, maybe I'm not making the question clear. Let me try an example.

I work for a major university. You've heard of it, I promise you. The university has a total of 12 schools; (University name) Law School; (University name) Med School; (University Name) Business School, etc. Each school has their own HR division that handles their own hiring, (most) employee relations, leave administration, etc. However, there is an overall HR department that handles things that are common to all the schools - benefits being among them. HR policies are another that are centrally administered. No school gets to decide their own benefits or their own policies. With a company as large are you are talking about, I promise you that you've got the same thing. Even if every division has their own HR unit, there is SOMEWHERE a central HR structure that all divisions report to.

Are you at the same location as that central HR structure?

 

[Chuzzle]

Okay, maybe I'm not making the question clear. Let me try an example.

I work for a major university. You've heard of it, I promise you. The university has a total of 12 schools; (University name) Law School; (University name) Med School; (University Name) Business School, etc. Each school has their own HR division that handles their own hiring, (most) employee relations, leave administration, etc. However, there is an overall HR department that handles things that are common to all the schools - benefits being among them. HR policies are another that are centrally administered. No school gets to decide their own benefits or their own policies. With a company as large are you are talking about, I promise you that you've got the same thing. Even if every division has their own HR unit, there is SOMEWHERE a central HR structure that all divisions report to.

Are you at the same location as that central HR structure?

Edited. I just checked and I am indeed in the same location.

 

[cbg]

Then that's where you start. You contact those people, tell them what is going on, and politely ask if this is the official corporate policy. Hopefully they will then make short work of this decidedly misguided policy.

If they (a) say yes, it is the official corporate policy; (b) say that it is not but that they are not going to interfere; (c) in any other way suggest that it's your problem to deal with, then your second step is to contact the US DOL, which is the regulatory agency for FMLA.

Edited to respond to your edit = I'd still start there. Just be prepared to go to the DOL if need be.

 

[Chuzzle]

Then that's where you start. You contact those people, tell them what is going on, and politely ask if this is the official corporate policy. Hopefully they will then make short work of this decidedly misguided policy.

If they (a) say yes, it is the official corporate policy; (b) say that it is not but that they are not going to interfere; (c) in any other way suggest that it's your problem to deal with, then your second step is to contact the US DOL, which is the regulatory agency for FMLA.

Edited to respond to your edit = I'd still start there. Just be prepared to go to the DOL if need be.

Thank you so much! You've been a HUGE help!!

 

[cbg]

One thing to be prepared for; if you do go to the DOL, they may tell you that you need to wait to file a formal complaint until someone actually does get their otherwise legitimate FMLA denied. And if that person isn't you, it may be that person who needs to file the complaint. TECHNICALLY no law has been violated until that happens.

 

[Chuzzle]

One thing to be prepared for; if you do go to the DOL, they may tell you that you need to wait to file a formal complaint until someone actually does get their otherwise legitimate FMLA denied. And if that person isn't you, it may be that person who needs to file the complaint. TECHNICALLY no law has been violated until that happens.

I certainly will, thank you.

 

[Chuzzle]

May I ask one or two more questions?

My employing company also has a policy that requires us to bring in doctor's notes for each protected absence. Isn't this basically violating the re-certification guidelines?

And this may sound like a dumb question but clarify for me: If I have a protected absence, and follow all the proper procedures, can the employer come back later on and deny the FMLA request? That is basically what they want to do.

 

[cbg]

We've already established that the policy is a violation under FMLA. In case you haven't been paying attention:

My employing company also has a policy that requires us to bring in doctor's notes for each protected absence. Isn't this basically violating the re-certification guidelines? Yes.

If I have a protected absence, and follow all the proper procedures, can the employer come back later on and deny the FMLA request? No.

Are we quite clear on this now?