FMLA without consent

[atalam]

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

I was told today from my supervisor that I should apply for FMLA. A few minutes later she walks over with a letter stating my name and saying thank you for applying for FMLA at this time its been denied. I never did apply for it. Can she apply for me without my consent?

 

[cbg]

It is the responsiblity of the employer to determine when FMLA is applicable. It is not optional; if the employer has reason to believe that FMLA might apply, the employer would be in violation of the law if they did not investigate whether or not it did, regardless of whether you asked for it or even whether you want it.

And, if the investigation had determined that FMLA did apply, the employer would have been in violation of the law if they had not applied it. Again, regardless of whether you asked for it or even wanted it.

The only exception would have been if the employer had tentatively applied FMLA pending medical verification and you had failed or refused to provide it. In that case, they would have no obligation to apply FMLA and could have fired you for the absences.

 

[swalsh411]

Why would you NOT want FMLA protection?

 

[liandrajade]

I'm actually more curious as to how the whole conversation came about. What is your situation, are you pregnant, is there some medical issue affecting you or an immediate family member?