What is the name of your state?What is the name of your state? Texas
My girlfriend has been out for 2 months for medical reasons under the FMLA. She was scheduled to return to work last Monday, Aug 15. On Monday, Aug 8 she had an appt scheduled with her doctor to get the certification to return to work. However, she woke up Monday morning, Aug 8, to find her house had been broken into during the night, her purse was stolen along with her car keys and her car. She had no car to get to her appt and spent the day with detectives and on the phone with her insurance company. So she could not get to the doctor to get the certification. She attempted to make another appt but her doctor went on vacation out of the country and is still out.
On Mon the 15th, she returned to work without the cert and was sent home. On Tuesday, Aug 16th she received a couriered letter from her employer stating that unless she they received the cert by 5pm today (Aug 17) they will have considered her to have voluntary given up employment. She contacted the doctor's office and they said that only her doctor (who is vacationing out of country) can issue the cert.
I told her she needs to take a letter to her employer today stating she is NOT voluntarily giving up employment and will get the cert as soon as she possibly can and have a company representative sign that they received the letter.
I've read the USDL website and it says under certain circumstances the employer my deny reinstatement if the employee fails to provide cert, or may delay reinstatement. She is trying to get the cert but its out of her control. Any advice? Can her employer do that?
Thanks!
My girlfriend has been out for 2 months for medical reasons under the FMLA. She was scheduled to return to work last Monday, Aug 15. On Monday, Aug 8 she had an appt scheduled with her doctor to get the certification to return to work. However, she woke up Monday morning, Aug 8, to find her house had been broken into during the night, her purse was stolen along with her car keys and her car. She had no car to get to her appt and spent the day with detectives and on the phone with her insurance company. So she could not get to the doctor to get the certification. She attempted to make another appt but her doctor went on vacation out of the country and is still out.
On Mon the 15th, she returned to work without the cert and was sent home. On Tuesday, Aug 16th she received a couriered letter from her employer stating that unless she they received the cert by 5pm today (Aug 17) they will have considered her to have voluntary given up employment. She contacted the doctor's office and they said that only her doctor (who is vacationing out of country) can issue the cert.
I told her she needs to take a letter to her employer today stating she is NOT voluntarily giving up employment and will get the cert as soon as she possibly can and have a company representative sign that they received the letter.
I've read the USDL website and it says under certain circumstances the employer my deny reinstatement if the employee fails to provide cert, or may delay reinstatement. She is trying to get the cert but its out of her control. Any advice? Can her employer do that?
Thanks!