I put in for a request for FMLA time after I was denied workman's comp. What happens if my employer never gets back to me about the FMLA request within the 5 business days?
Injured on 2/6/15
Workman's comp denied on 2/12/15
Requested FMLA on 2/23/15
Answers (1)
You need to make sure that you gave your employer adequate notice of your need for leave as soon as you could. Notice must be sufficient to enable your employer to understand that you need time off from work to care for or recover from a serious health condition. The information that you gave your employer in connection with your workers compensation claim may be sufficient, but I do not know enough about that or any other notice that you gave your employer to suggest whether it was sufficient or not.
Once an employee provides adequate notice, the employer has to provide a notice stating whether it believes that the need for leave qualifies for FMLA. If not, the employer's notice has to say why not. If so, the notice needs to tell you that you qualify for FMLA coverage, the amount of time available, and any obligations you may have for taking FMLA, like providing a certificate of health care provider.
As a general rule, an employer's failure to provide you this notice puts the employer at a greater disadvantage than the you, since the employer loses the right to require medical certification and such. As a practical matter, though, it is best to communicate clearly and, if necessary, often. You are better off getting approval of your FMLA leave by being persistent than you are getting terminated by being quiet, even if your termination is unlawful.
If your employer has call-off procedures, follow them. An employer is allowed to enforce its call off procedures even for employees who are on FMLA, and even if the employer knows that the employee will be off for an extended period of time.
Finally, you should consult with an experienced Pennsylvania employment lawyer. Every case is different, and the FMLA has procedural pitfalls, so talk to someone who can give you advice tailored to your specific situation.
posted by Neil Klingshirn | Mar 6, 2015 2:23 PM [EST]
Once an employee provides adequate notice, the employer has to provide a notice stating whether it believes that the need for leave qualifies for FMLA. If not, the employer's notice has to say why not. If so, the notice needs to tell you that you qualify for FMLA coverage, the amount of time available, and any obligations you may have for taking FMLA, like providing a certificate of health care provider.
As a general rule, an employer's failure to provide you this notice puts the employer at a greater disadvantage than the you, since the employer loses the right to require medical certification and such. As a practical matter, though, it is best to communicate clearly and, if necessary, often. You are better off getting approval of your FMLA leave by being persistent than you are getting terminated by being quiet, even if your termination is unlawful.
If your employer has call-off procedures, follow them. An employer is allowed to enforce its call off procedures even for employees who are on FMLA, and even if the employer knows that the employee will be off for an extended period of time.
Finally, you should consult with an experienced Pennsylvania employment lawyer. Every case is different, and the FMLA has procedural pitfalls, so talk to someone who can give you advice tailored to your specific situation.
posted by Neil Klingshirn | Mar 6, 2015 2:23 PM [EST]
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