Requested FMLA-am I on it?

I requested FMLA verbally upon emergency hospitalization. I assume it was granted. However i did not receive any paperwork from employer indicating I was granted FMLA or what my rights and responsibilities are. If I am unable to return to work due to doctors ord..."

1 answer  |  asked Aug 19, 2012 09:54 AM [EST]  |  applies to California

Answers (1)

Marilynn Mika Spencer
I'm sorry to hear about your emergency medical condition!

The Family and Medical Leave Act, 29 U.S.C. section 2101 et seq. (FMLA) applies if all of the following is true: (a) your employer has at least 50 employees who work within 75 miles of one another; and (b) you have worked for this employer for at least one year all together, even if not consecutively; (c) you have worked for this employer at least 1,250 hours in the immediately preceding year; and (d) you have a serious medical condition as defined by the FMLA. The FMLA allows employees to take leaves of absence from work without repercussion, up to a maximum of 12 weeks per year. Leave can be in increments as short as fractions of an hour. Leave is unpaid. During the period of the leave, the employee may elect to use any accrued sick, vacation or other leave and an employer can require an employee to use accrued sick leave.

The employer is required to provide employees with notice stating that leave is FMLA leave. The Department of Labor (DOL) administers and enforces the FMLA. From its web site:

"Employers are also required to provide notice of an employee’s eligibility and rights and responsibilities under the FMLA and to designate qualifying leave as FMLA and provide notice of that designation, including the amount of leave that will count against the employee’s FMLA entitlement to the employee."
http://www.dol.gov/compliance/guide/fmla.htm

If the employer does not provide you with this notice, it is possible the employer will not be able to count that leave time against your 12-weeks-per-year entitlement.

If you are eligible for FMLA leave and you notified your employer of the need, then you have met your obligations under the law. The employer is entitled to request that you provide medical certification within a reasonable time.

Please look at my Avvo guide on the Family and Medical Leave Act, 29 U.S.C. section 2101 et seq. (FMLA): http://www.avvo.com/pages/show?category_id=6&permalink=family-and-medical-leave-fmla-summary-of-key-provisions.

I hope your medical condition resolves quickly.

posted by Marilynn Mika Spencer  |  Aug 19, 2012 12:35 PM [EST]

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