Does my employer have to make me aware of fmla?

I recently had knee surgery and have now been off work for 8 weeks. My doctor recently reported that I should be off for 6 more weeks. My employer is not very happy and just informed me today that my fmla is up and they may need to let me go. I was not even aware that I had fmla and I have been receiving my paychecks with short term disability. Is this legal and is my employer supposed to make me aware of fmla?

2 answers  |  asked Mar 30, 2016 8:36 PM [EST]  |  applies to Pennsylvania

Answers (2)

Scott Leah
First, I am not sure why your FMLA time is up if you took 8 weeks off work. You should have 12 weeks of FMLA, unless you previously took FMLA.

Second, it sounds like your employer did not properly notify you of the FMLA leave and the substitution of paid leave.

Third, your employer may be acting improperly if you are terminated over this.

posted by Scott Leah  |  Apr 1, 2016 08:27 AM [EST]
Doris Dabrowski
Regulations of the Department of Labor, 29 C.F.R. sec. 825.300, require employers to notify the employee of eligibility to take FMLA leave. The notice must inform the employee whether paid leave is substituted for unpaid FMLA leave or whether paid leave is counted as FMLA leave.

posted by Doris Dabrowski  |  Mar 31, 2016 08:10 AM [EST]

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