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Misinformed Re: FMLA

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Junior Member
What is the name of your state? KY

My daughter needs advice, regarding labor laws and possible violation from her former employer. On August 11, she became unable to work due to illness and several medications that her doctor placed her on. She was off work on Thurs. August 11 and Friday August 12. Her manager advised that she could take FMLA leave, if the doctor provided the documentation. However, on Monday August 15 her manager called her back and told her she had only until noon that day to get her doctor's certification for FMLA leave. She called her doctor and had to leave a voicemail, and her doctor did not return her call before the end of the business day. The following morning, the VP of Human Resources of her former employer called and pursuaded her to resign. My daughter did not realize that she should have had 15 days to get the medical certification from her doctor, as she was told she only had until noon. Due to being misinformed and intimidated, she is now out of a job and benefits. I know this is not right, but I don't know what her options would be now, since she technically quit her job. (btw, her doctor did call her and had a couple of questions regarding the paperwork but she told the doctor she didn't think she needed it anymore)


I'm a Northern Girl
1.) How long had your daughter worked for this employer?
2.) How many employees does the employer have within 75 miles of her location?
3.) In the 12 months immediately preceding her illness, had she worked a minimum of 1,250 hours?
4.) What was the nature of her illness?


Junior Member
I know she worked for them over a year. I think for 18 months.

The employer has about 250 employees in her city.

She did work over 1250 hours.

She underwent a hysterectomy that caused severe depression and her treatment and medication was complicated by a heart condition.

Some Random Guy

Senior Member
She should try to apply for unemployment since she was apparently put into a resign or be fired position. She also needs to sign up for cobra or get other health insurance ASAP.


I'm a Northern Girl
She should also contact the US DOL with regards to a possible FMLA violation.

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