Intermittent fmla family member. Employer not providing correct forms yet.

I have requested fmla papers from my employer regarding intermittent leave for the occasional care of my parent suffering with dementia. I was informed by the dr after I dropped off the papers that they were the incorrect papers. I was sent the wrong papers by HR. They sent me papers for a personal medical condition instead of a family member's serious health issue. This was disappointing and time wasting for me and my mother, who takes on the main caretaker role. After clarifying with HR that I needed the correct forms, I was told that they (HR) would send me the correct forms "next week". It has now been over a week, and I still have not received the correct forms for my dad's doctor to fill out. This is after two other weeks of dealing with having been given the wrong forms after my first request. How long should it take for HR to get me these important, correct forms? It is not easy to make arrangements to keep taking and picking up papers from the dr.'s office. I feel like I was either forgotten, or I'm being set up to look like a complainer.
Last year I had family intermittent fmla in place for this emergency care of my parent and used a total of three intermittent days during a six month period. I am not an abuser, and don't even want to miss work. I do not understand why this is dragging out. I simply want the forms in place in case of emergencies. How much longer do I wait for the correct forms to be sent before I request them again. I feel uncomfortable being a "complainer" as I work in a school system that seems to label employees as problems and then "punish" them in some passive aggressive manner. I don't want to be a complainer, but I want the appropriate paperwork in place without being viewed as a problem-employee.

1 answer  |  asked Oct 9, 2015 03:32 AM [EST]  |  applies to Ohio

Answers (1)

Neil Klingshirn
You do not have to fill out forms to be eligible for FMLA leave, including intermittent leave to care for a family member. However, if you ask for FMLA leave, your employer has the right to obtain from you to a Certification of Health Care Provider. If the employer cannot give you the proper forms for this purpose, then the employer arguably waives its right to that form.

However, it is easier and safer to get the form yourself. It is located at

posted by Neil Klingshirn  |  Oct 9, 2015 06:56 AM [EST]

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