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need help re:FMLA

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A

angel54

Guest
Can anyone help with procedure for applying for Family Medical Leave Act (FMLA)? I've been told that my health insurance has been cancelled because I did not return the required forms in time. These forms were sent by certified mail and I never received them. Easy enough to prove but what do I do about it?
 


L

lawrat

Guest
I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.


I am not sure what the specific forms are. But, if you did not receive them, and can show proof of that, then I would suspect you should request a "good faith" extension.

Hope this helps.
 
A

angel54

Guest
Thanks for responding lawrat. The insurance coordinator has acknowledged knowing I did not receive them because it was returned to her marked undeliverable. I asked if she would send them back out or let me come in and sign and she refuses. Is there a way to force this?
I really don't know what forms either. She said something that I and my doctor would need to sign in order to be eligible. Any more advice. Thanks so much!!
 

I AM ALWAYS LIABLE

Senior Member
<BLOCKQUOTE><font size="1" face="Arial, Helvetica, Verdana">quote:</font><HR>Originally posted by angel54:
Thanks for responding lawrat. The insurance coordinator has acknowledged knowing I did not receive them because it was returned to her marked undeliverable. I asked if she would send them back out or let me come in and sign and she refuses. Is there a way to force this?
I really don't know what forms either. She said something that I and my doctor would need to sign in order to be eligible. Any more advice. Thanks so much!!
<HR></BLOCKQUOTE>

My response:

I would inform the HR person that he / she is interfering with your rights under the FMLA. That, if he / she persists in such unlawful conduct, you will have no compunction to include him / her in a lawsuit for personal damages, against the employer for such unlawful acts. You tell him / her that you will allow him / her 7 more calendar days to comply with your demands, or expect a lawsuit. That'll shake him / her up.

Unlawful Acts
FMLA makes it unlawful for any employer to interfere with, restrain, or deny the exercise of any right provided by this law. It is also unlawful for an employer to discharge or discriminate against any individual for opposing any practice, or because of involvement in any proceeding, related to FMLA.
Employers cannot use the taking of FMLA leave as a negative factor in employment actions, such as hiring, promotions, or disciplinary actions; nor can FMLA leave be counted under "no fault" attendance policies.
Enforcement
FMLA is enforced by the Wage and Hour Division of the U.S. Department of Labor's Employment Standards Administration. This agency investigates complaints of violations. If violations cannot be satisfactorily resolved, the Department may bring action in court to compel compliance.
An eligible employee may bring a private civil action against an employer for violations. An employee is not required to file a complaint with the Wage and Hour Division prior to bringing such action.


29 CFR 825.220 - How are employees protected who request leave or otherwise assert FMLA rights?
Section Number: 825.220
Section Name: How are employees protected who request leave or otherwise assert FMLA rights?

(a) The FMLA prohibits interference with an employee's rights under
the law, and with legal proceedings or inquiries relating to an
employee's rights. More specifically, the law contains the following
employee protections:
(1) An employer is prohibited from interfering with, restraining, or
denying the exercise of (or attempts to exercise) any rights provided by
the Act.
(2) An employer is prohibited from discharging or in any other way
discriminating against any person (whether or not an employee) for
opposing or complaining about any unlawful practice under the Act.
(3) All persons (whether or not employers) are prohibited from
discharging or in any other way discriminating against any person
(whether or not an employee) because that person has--
(i) Filed any charge, or has instituted (or caused to be instituted)
any proceeding under or related to this Act;
(ii) Given, or is about to give, any information in connection with
an inquiry or proceeding relating to a right under this Act;
(iii) Testified, or is about to testify, in any inquiry or
proceeding relating to a right under this Act.
(b) Any violations of the Act or of these regulations constitute
interfering with, restraining, or denying the exercise of rights
provided by the Act. ``Interfering with'' the exercise of an employee's
rights would include, for example, not only refusing to authorize FMLA
leave, but discouraging an employee from using such leave. It would also
include manipulation by a covered employer to avoid responsibilities
under FMLA, for example:
(1) transferring employees from one worksite to another for the
purpose of reducing worksites, or to keep worksites, below the 50-
employee threshold for employee eligibility under the Act;
(2) changing the essential functions of the job in order to preclude
the taking of leave;
(3) reducing hours available to work in order to avoid employee
eligibility.
(c) An employer is prohibited from discriminating against employees
or prospective employees who have used FMLA leave. For example, if an
employee on leave without pay would otherwise be entitled to full
benefits (other than health benefits), the same benefits would be
required to be provided to an employee on unpaid FMLA leave. By the same
token, employers cannot use the taking of FMLA leave as a negative
factor in employment actions, such as hiring, promotions or disciplinary
actions; nor can FMLA leave be counted under ``no fault'' attendance
policies.
(d) Employees cannot waive, nor may employers induce employees to
waive, their rights under FMLA. For example, employees (or their
collective bargaining representatives) cannot ``trade off'' the right to
take FMLA leave against some other benefit offered by the employer. This
does not prevent an employee's voluntary and uncoerced acceptance (not
as a condition of employment) of a ``light duty'' assignment
while recovering from a serious health condition (see Sec. 825.702(d)).
In such a circumstance the employee's right to restoration to the same
or an equivalent position is available until 12 weeks have passed within
the 12-month period, including all FMLA leave taken and the period of
``light duty.''
(e) Individuals, and not merely employees, are protected from
retaliation for opposing (e.g., file a complaint about) any practice
which is unlawful under the Act. They are similarly protected if they
oppose any practice which they reasonably believe to be a violation of
the Act or regulations.

Good luck.

IAAL



------------------
By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

 
A

angel54

Guest
WOW!! Thanks so much, IAAL!! I'm not a very aggressive person but I am going to try what you suggested. I guess it can't hurt. Let me make sure of something first. Is there a certain amount of days, weeks,etc from which i needed to apply? She tried to suggest that it was a time factor and I missed a deadline. I think for whatever reason, she is just trying to intimidate, but I want to make sure I know what I'm talking about. I tried today to speak with her supervisor but he did not return my call. I also sent an email to the assistant superintendent (I work for the public school system) and he did not reply. Thanks again for the information. Any advice is greatly appreciated!
 

I AM ALWAYS LIABLE

Senior Member
<BLOCKQUOTE><font size="1" face="Arial, Helvetica, Verdana">quote:</font><HR>Originally posted by angel54:
WOW!! Thanks so much, IAAL!! I'm not a very aggressive person but I am going to try what you suggested. I guess it can't hurt. Let me make sure of something first. Is there a certain amount of days, weeks,etc from which i needed to apply? She tried to suggest that it was a time factor and I missed a deadline. I think for whatever reason, she is just trying to intimidate, but I want to make sure I know what I'm talking about. I tried today to speak with her supervisor but he did not return my call. I also sent an email to the assistant superintendent (I work for the public school system) and he did not reply. Thanks again for the information. Any advice is greatly appreciated!<HR></BLOCKQUOTE>


My response:

You've got the firepower, now get to an attorney. If their actions caused you to lose a time limitation, that, too, is actionable. BE PROACTIVE. GO GET 'EM !!

IAAL




------------------
By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

 
A

angel54

Guest
Thanks for motivating me,IAAL! I think I've known all along I would need an attorney because so many other things had already happened regarding sick leave, leave without pay, yada,yada, yada. This is just the tip of the iceberg!
If I could impose just a couple more questions, please??
I've never hired an attorney for anything, where do I start? I tried looking under the address on these boards and there's not a single one listed in my area. (Lexington, KY) Do I need a certain type of attorney? I've been off work without pay for almost 2 months now so finances are a real issue.
Thanks again for your help. I am at the end of my rope. Physically, emotionally, everything. YOU ARE SOOOOO APPRECIATED!!!
 

I AM ALWAYS LIABLE

Senior Member
<BLOCKQUOTE><font size="1" face="Arial, Helvetica, Verdana">quote:</font><HR>Originally posted by angel54:
Thanks for motivating me,IAAL! I think I've known all along I would need an attorney because so many other things had already happened regarding sick leave, leave without pay, yada,yada, yada. This is just the tip of the iceberg!
If I could impose just a couple more questions, please??
I've never hired an attorney for anything, where do I start? I tried looking under the address on these boards and there's not a single one listed in my area. (Lexington, KY) Do I need a certain type of attorney? I've been off work without pay for almost 2 months now so finances are a real issue.
Thanks again for your help. I am at the end of my rope. Physically, emotionally, everything. YOU ARE SOOOOO APPRECIATED!!!
<HR></BLOCKQUOTE>

My response:

Two ideas:

1. Look in your Yellow Pages under Attorneys;

2. Call the Kentucky State Bar Association and ask them for an Employment Attorney referral in your area.

Best of fortune to you,

IAAL




------------------
By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

 
A

angel54

Guest
To IAAL,
I've been searching the listings as you suggested. I have emailed one and I will call the referral service tomorrow. Thanks! Meanwhile......
The asst superintendent had his secretary respond to me. We scheduled a meeting for Thursday. I then learned from him (by email) that he wanted me to meet with several people at this meeting, the insurance coordinator, the director of human resources, my immediate supervisor (principal) and him. Even though I know I am in the right, I feel very insecure about this type of confrontation. What do you think? Before I had the opportunity to respond to him, his secretary called to cancel the meeting. Said she would call back one day next week to reschedule. Would you advise meeting with them without an attorney? I'm afraid I won't be able to find one before they call to reschedule. Any suggestions?
 

I AM ALWAYS LIABLE

Senior Member
<BLOCKQUOTE><font size="1" face="Arial, Helvetica, Verdana">quote:</font><HR>Originally posted by angel54:
To IAAL,
I've been searching the listings as you suggested. I have emailed one and I will call the referral service tomorrow. Thanks! Meanwhile......
The asst superintendent had his secretary respond to me. We scheduled a meeting for Thursday. I then learned from him (by email) that he wanted me to meet with several people at this meeting, the insurance coordinator, the director of human resources, my immediate supervisor (principal) and him. Even though I know I am in the right, I feel very insecure about this type of confrontation. What do you think? Before I had the opportunity to respond to him, his secretary called to cancel the meeting. Said she would call back one day next week to reschedule. Would you advise meeting with them without an attorney? I'm afraid I won't be able to find one before they call to reschedule. Any suggestions?
<HR></BLOCKQUOTE>

My response:

DO NOT MEET WITH ANYONE UNLESS YOU HAVE AN ATTORNEY PRESENT, AND YOU GET THEIR WRITTEN PROMISE THERE WILL BE NO TAPE RECORDINGS AT ANY SUCH MEETING(S). If you have to reschedule, yourself, in order to obtain counsel, then that's what you do. This is incredible - - they want an entire panoply of people there, all asking you questions? Rediculous.

IAAL



------------------
By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

 
A

angel54

Guest
IAAL-THANK YOU SO MUCH!!!!! You make me feel so much better. Sure wish I could find an attorney like you around here. I didn't have any luck today, but I have 2 more names I'm going to try tomorrow.
One teaches law here at U.K. Her students actually do the representation but I hear she is always there. Since finances are an issue, I may choose this route. I read on another message board about contingency (sp??) How does that work? A message was on my recorder today to call to reschedule that meeting. Do I tell them I won't be there without an attorney? I've also learned that I was put on medical leave without even being told and I did not sign for it either. Can they legally do that?
Thanks again.
 

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