Comments on: The latest pitfalls of FMLA’s ‘sufficient notice’ provision http://www.hrlegalnews.com/fmla-the-pitfalls-of-the-sufficient-notice-provision/ Up-to-the-minute cases and law impacting HR Fri, 17 Jul 2009 14:01:31 +0000 hourly 1 http://wordpress.org/?v=abc By: patty http://www.hrlegalnews.com/fmla-the-pitfalls-of-the-sufficient-notice-provision/comment-page-1/#comment-2111 patty Wed, 12 Nov 2008 18:32:08 +0000 http://www.hrlegalnews.com/fmla-the-pitfalls-of-the-sufficient-notice-provision/#comment-2111 The company where I worked had more than 50 employees but there was less than 50 people at the location where I worked. The employee handbook included the following: "Because there are not 50 employees that work at many of their facilities, they are not legally required to comply with FMLA at those locations. Nonetheless, the company will offer the same FMLA leave to those employees." When I needed time off and provided them with a note from my doctor, the company automatically provided me with paperwork (Employer Response to Employee Request for Family or Medicla Leave) and checked the box that says, "You ARE eligible for leave under the FMLA." Upon my return, I was "let go" and believe it was in retaliation for my taking leave so I hired a lawyer. The company is now saying since there is less than 50 employees at my location there is no jurisdiction for a claim under the FMLA. They are also saying I was given a great benefit to which I was not otherwise entitled under the law and to now threaten legal action is disingenuous and will not be well taken by the court. Does anyone have any experience or feedback regarding this situaion? The company where I worked had more than 50 employees but there was less than 50 people at the location where I worked. The employee handbook included the following: “Because there are not 50 employees that work at many of their facilities, they are not legally required to comply with FMLA at those locations. Nonetheless, the company will offer the same FMLA leave to those employees.” When I needed time off and provided them with a note from my doctor, the company automatically provided me with paperwork (Employer Response to Employee Request for Family or Medicla Leave) and checked the box that says, “You ARE eligible for leave under the FMLA.”

Upon my return, I was “let go” and believe it was in retaliation for my taking leave so I hired a lawyer. The company is now saying since there is less than 50 employees at my location there is no jurisdiction for a claim under the FMLA. They are also saying I was given a great benefit to which I was not otherwise entitled under the law and to now threaten legal action is disingenuous and will not be well taken by the court.

Does anyone have any experience or feedback regarding this situaion?

]]> By: emj http://www.hrlegalnews.com/fmla-the-pitfalls-of-the-sufficient-notice-provision/comment-page-1/#comment-2107 emj Wed, 12 Nov 2008 17:22:47 +0000 http://www.hrlegalnews.com/fmla-the-pitfalls-of-the-sufficient-notice-provision/#comment-2107 Nancy, we require a doctor's excuse for any time out for intermittent leave to be covered. If they are under FMLA their doctor should know if their condition is serious enough to warrant days of now and then when the condition flares up. So they should be able to call their doctor and receive and excuse if they can not make it to work for a day or two. This is all after they have turned in their initial medical certification. Nancy, we require a doctor’s excuse for any time out for intermittent leave to be covered. If they are under FMLA their doctor should know if their condition is serious enough to warrant days of now and then when the condition flares up. So they should be able to call their doctor and receive and excuse if they can not make it to work for a day or two.
This is all after they have turned in their initial medical certification.

]]> By: Ken Odell http://www.hrlegalnews.com/fmla-the-pitfalls-of-the-sufficient-notice-provision/comment-page-1/#comment-2038 Ken Odell Mon, 03 Nov 2008 19:45:57 +0000 http://www.hrlegalnews.com/fmla-the-pitfalls-of-the-sufficient-notice-provision/#comment-2038 I am an employee at a large foods co.--Ventura Foods,LLC. Over a year ago I missed 3 days of work due to Sudden Hearing Loss. I lost all hearing in my left ear, and my sense of balance has been greatly diminished. I had to have MRI tests run and go for several follow up visits, resulting in even more missed work. I am now needing to go in for another follow up appointment. My question is--should I have been alerted to the possibility of FMLA? No one ever mentioned it, and I have been accumulating a lot of "occurances" under the co.'s attendance policy. If I had taken FMLA I would have accumulated zero points under our attendance policy--so was I ineligible??? Is it too late to correct this if I was eligible?? I am an employee at a large foods co.–Ventura Foods,LLC. Over a year ago I missed 3 days of work due to Sudden Hearing Loss. I lost all hearing in my left ear, and my sense of balance has been greatly diminished. I had to have MRI tests run and go for several follow up visits, resulting in even more missed work. I am now needing to go in for another follow up appointment.
My question is–should I have been alerted to the possibility of FMLA? No one ever mentioned it, and I have been accumulating a lot of “occurances” under the co.’s attendance policy.
If I had taken FMLA I would have accumulated zero points under our attendance policy–so was I ineligible??? Is it too late to correct this if I was eligible??

]]> By: Doug http://www.hrlegalnews.com/fmla-the-pitfalls-of-the-sufficient-notice-provision/comment-page-1/#comment-1752 Doug Wed, 15 Oct 2008 22:41:43 +0000 http://www.hrlegalnews.com/fmla-the-pitfalls-of-the-sufficient-notice-provision/#comment-1752 To Kathy's comments. When the 12 weeks is exhausted and the employee has not presented a fit-for-duty medical certification, then they may be terminated, with a polite invitation to re-apply when they are cleared to return to work. If there is still a position open for them, then in the company's interest the leave could be extented beyond the 12 weeks. If the extension is a couple of weeks and the employee is not easily replaced, it seems prudent to extend the leave (obviously not beyond what would be reasonable). If there is no open position, then terminate. This assumes that there are no other factors involved in the situation. To Kathy’s comments. When the 12 weeks is exhausted and the employee has not presented a fit-for-duty medical certification, then they may be terminated, with a polite invitation to re-apply when they are cleared to return to work. If there is still a position open for them, then in the company’s interest the leave could be extented beyond the 12 weeks. If the extension is a couple of weeks and the employee is not easily replaced, it seems prudent to extend the leave (obviously not beyond what would be reasonable). If there is no open position, then terminate. This assumes that there are no other factors involved in the situation.

]]> By: Kathy http://www.hrlegalnews.com/fmla-the-pitfalls-of-the-sufficient-notice-provision/comment-page-1/#comment-1512 Kathy Wed, 24 Sep 2008 19:09:05 +0000 http://www.hrlegalnews.com/fmla-the-pitfalls-of-the-sufficient-notice-provision/#comment-1512 I was also wondering, like Marge , how long is it before you can terminate someone who has been given extended time for FMLA by their doctor and also those who arent. I was also wondering, like Marge , how long is it before you can terminate someone who has been given extended time for FMLA by their doctor and also those who arent.

]]> By: Jennifer http://www.hrlegalnews.com/fmla-the-pitfalls-of-the-sufficient-notice-provision/comment-page-1/#comment-1418 Jennifer Thu, 18 Sep 2008 12:47:45 +0000 http://www.hrlegalnews.com/fmla-the-pitfalls-of-the-sufficient-notice-provision/#comment-1418 Yes, that is true. If you do not have any other sites within 75 miles of yours, you are not an eligible employer... See Eligibility below... Employees are eligible to take FMLA leave if they have worked for their employer for at least 12 months, and have worked for at least 1,250 hours over the previous 12 months, and work at a location where at least 50 employees are employed by the employer within 75 miles. Yes, that is true. If you do not have any other sites within 75 miles of yours, you are not an eligible employer…

See Eligibility below…

Employees are eligible to take FMLA leave if they have worked for their employer for at least 12 months, and have worked for at least 1,250 hours over the previous 12 months, and work at a location where at least 50 employees are employed by the employer within 75 miles.

]]> By: lestrada http://www.hrlegalnews.com/fmla-the-pitfalls-of-the-sufficient-notice-provision/comment-page-1/#comment-1409 lestrada Wed, 17 Sep 2008 18:08:08 +0000 http://www.hrlegalnews.com/fmla-the-pitfalls-of-the-sufficient-notice-provision/#comment-1409 our company only has 9 employee's and we have been told that we do not qualify for the family leave act. Is this true. our company only has 9 employee’s and we have been told that we do not qualify for the family leave act. Is this true.

]]> By: Tom http://www.hrlegalnews.com/fmla-the-pitfalls-of-the-sufficient-notice-provision/comment-page-1/#comment-1212 Tom Wed, 03 Sep 2008 09:50:10 +0000 http://www.hrlegalnews.com/fmla-the-pitfalls-of-the-sufficient-notice-provision/#comment-1212 I have been searching for info on FMLA intermittent amount of notice for an emergency healthcare appointment, I had a micro preemie and have been harassed since birth I just also have had to have it for my son which I rarely have used and only got it as I have been refused to take him to the Dr several hours away for testing from a serious accident. I gave a 3 day notice on my preemie and got told that wasn't sufficient and have been getting emails since this all started over a year ago. There was plenty of people on my shift as I myself have worked alone people giving no notice and taking FMLA for a family member they didn't even take care of her visit as well as they were given extra days off for funeral leave that our facility only does if it is a parent as well as one took immediate FMLA for birth of girlfriends chid that is married to another man and it just goes on and on in the dept but someone truly needing it I am constantly bothered and my preemie will have specialty appointments I schedule them for my days off well then my schedule is changed and or I am demanded oncall I am one of the most senior in my department and honestly think due to my pay as all are new grads mostly at least not the years of experience I am being singled out, I welcome any advice. Thank You for any feedback also I never call off ill, I am very dependable. I didn't want this situation and I have not abused it, actually we have had no support from any coworkers during this situation but they sure pull together to have parties for others this isn't a party but I think that some support from my superior or even a card from the staff would have been nice. It has been a long year and this harassment emails I get just make it worse. I look forward to feedback. Thanks! I have been searching for info on FMLA intermittent amount of notice for an emergency healthcare appointment, I had a micro preemie and have been harassed since birth I just also have had to have it for my son which I rarely have used and only got it as I have been refused to take him to the Dr several hours away for testing from a serious accident. I gave a 3 day notice on my preemie and got told that wasn’t sufficient and have been getting emails since this all started over a year ago. There was plenty of people on my shift as I myself have worked alone people giving no notice and taking FMLA for a family member they didn’t even take care of her visit as well as they were given extra days off for funeral leave that our facility only does if it is a parent as well as one took immediate FMLA for birth of girlfriends chid that is married to another man and it just goes on and on in the dept but someone truly needing it I am constantly bothered and my preemie will have specialty appointments I schedule them for my days off well then my schedule is changed and or I am demanded oncall I am one of the most senior in my department and honestly think due to my pay as all are new grads mostly at least not the years of experience I am being singled out, I welcome any advice. Thank You for any feedback also I never call off ill, I am very dependable. I didn’t want this situation and I have not abused it, actually we have had no support from any coworkers during this situation but they sure pull together to have parties for others this isn’t a party but I think that some support from my superior or even a card from the staff would have been nice. It has been a long year and this harassment emails I get just make it worse. I look forward to feedback. Thanks!

]]> By: Marge http://www.hrlegalnews.com/fmla-the-pitfalls-of-the-sufficient-notice-provision/comment-page-1/#comment-638 Marge Wed, 06 Aug 2008 17:37:23 +0000 http://www.hrlegalnews.com/fmla-the-pitfalls-of-the-sufficient-notice-provision/#comment-638 I have been looking for information and ran across this article and resulting comments. I can see where this is very confusing and not all instances are covered in the Act (FMLA). Am I to understand from comments above, that if a person becomes eligible for FMLA a couple months after they have been out on an L&I claim they should be put on FMLA leave at that point? Also, if the person was given all the FMLA paperwork and never completed the "request" form or turned in the "doctor's certification" are they considered to be on FMLA anyway? What if the person said they do not want to use FMLA (I think because they did not fully understand it - even though I explained it more than once)? If they never turned in the doctor's certification and so are not on FMLA, can they do so at any time now, even though they have been out for over 5 months? In this case they would be out on L&I for over 5 months and then another 3 months on FMLA (if the doctor certifies that they need the additional time) and all along the company is paying their medical insurance premiums. This is not a case of wanting to get rid of the person - we would welcome them back to their former position - but how long is long enough before we notify them they are terminated? I must say that pregnancy related FMLA is pretty straight-forward in my experience. But this present case is really causing me headaches - I don't know whether to just wait it out or to terminate. I have been looking for information and ran across this article and resulting comments.
I can see where this is very confusing and not all instances are covered in the Act (FMLA).
Am I to understand from comments above, that if a person becomes eligible for FMLA a couple months after they have been out on an L&I claim they should be put on FMLA leave at that point? Also, if the person was given all the FMLA paperwork and never completed the “request” form or turned in the “doctor’s certification” are they considered to be on FMLA anyway? What if the person said they do not want to use FMLA (I think because they did not fully understand it – even though I explained it more than once)? If they never turned in the doctor’s certification and so are not on FMLA, can they do so at any time now, even though they have been out for over 5 months? In this case they would be out on L&I for over 5 months and then another 3 months on FMLA (if the doctor certifies that they need the additional time) and all along the company is paying their medical insurance premiums. This is not a case of wanting to get rid of the person – we would welcome them back to their former position – but how long is long enough before we notify them they are terminated? I must say that pregnancy related FMLA is pretty straight-forward in my experience. But this present case is really causing me headaches – I don’t know whether to just wait it out or to terminate.

]]> By: Nancy http://www.hrlegalnews.com/fmla-the-pitfalls-of-the-sufficient-notice-provision/comment-page-1/#comment-620 Nancy Wed, 06 Aug 2008 14:18:32 +0000 http://www.hrlegalnews.com/fmla-the-pitfalls-of-the-sufficient-notice-provision/#comment-620 Does the employee have all the control over their FMLA? Once they are approved by their physician they just call in and state "I need today off and this is FMLA related" and we have to just assume that's correct? The abuse being done by this law is incredible in the work place and the employers have no choice or say? The employee who has intermediate FMLA for depression shows up and gets stressed and leaves at least four or five times a month until they hit their 12 weeks and they don't have to prove anything. I don't see how this is fair. Does the employee have all the control over their FMLA? Once they are approved by their physician they just call in and state “I need today off and this is FMLA related” and we have to just assume that’s correct? The abuse being done by this law is incredible in the work place and the employers have no choice or say? The employee who has intermediate FMLA for depression shows up and gets stressed and leaves at least four or five times a month until they hit their 12 weeks and they don’t have to prove anything. I don’t see how this is fair.

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