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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Employment Law
Satisfied Customers: 11470
Experience:  Licensed Texas General Practice Attorney
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Hello How long does an employer have to respond to FMLA request?

Resolved Question:

Hello
How long does an employer have to respond to FMLA request? Also can they ask for a doctors written excuse evry time an employee requests leave under FMLA?
Submitted: 2 years ago.
Category: Employment Law
Expert:  ScottyMacEsq replied 2 years ago.

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

When was the leave going to be for, and when was the request found?

Customer:

I forget the exact date they "found" it again, it has been 3 weeks or more. Intermittent leave- combat related MH issues.

Customer:

I am an registerd nurse and the issues also involve sleep problems

ScottyMacEsq :

Do they contest that they received the request in Oct? Or do they acknowledge that they received it then?

Customer:

They acknolwledge October.

Customer:

I have been calling evry week and ussually not getting a call back when I leave a message.

ScottyMacEsq :

Thank you. Under the FMLA and accompanying Department of Labor regulations, the employer is required to provide a written notice designating the leave as FMLA leave and detailing specific expectations and obligations of an employee who is exercising his/her FMLA entitlements. The employer may use the "Employer Response to Employee Request for Family or Medical Leave" (optional form WH-381) to meet this requirement. This employer notice should be provided to the employee within one or two business days after receiving the employee's notice of need for leave and include the following:



  • that the leave will be counted against the employee's annual FMLA leave entitlement;

  • any requirements for the employee to furnish medical certification and the consequences of failing to do so;

  • the employee's right to elect to use accrued paid leave for unpaid FMLA leave and whether the employer will require the use of paid leave, and the conditions related to using paid leave;

  • any requirement for the employee to make co-premium payments for maintaining group health insurance and the arrangement for making such payments;

  • any requirement to present a fitness-for-duty certification before being restored to his/her job;

  • rights to job restoration upon return from leave;

  • employee's potential liability for reimbursement of health insurance premiums paid by the employer during the leave if the employee fails to return to work after taking FMLA leave; and

  • whether the employee qualifies as a "key" employee and the circumstances under which the employee may not be restored to his or her job following leave.

ScottyMacEsq :

You can find that information here: http://www.dol.gov/whd/regs/compliance/1421.htm#3b

ScottyMacEsq :

You, as an employee, had a responsibility of informing them at least 30 days if practicable, but it's quite clear that you did so, and they certainly are not contesting it.

ScottyMacEsq :

You should let your employer know that you know about your rights, and can certainly forward them that website.

ScottyMacEsq :

Let them know that they did not comply with DOL requirements regarding the FMLA notice that was to be provided to you, even though you complied with all of your obligations. Let them know that you fully intend to hold them to these regulations, and that since it was their negligence that caused them to not have actual notice, rather than your actions or inactions, that it will not be held against you.

Customer:

What about fitness of duty to return to work with intermittent FMLA is it the same? Every time leave is taken does there have to be a written doctors excuse?

Customer:

OR is the initial FMLA paperwork adequate?

ScottyMacEsq :

It should be. Per that website linked to above: "Employees needing intermittent/reduced schedule leave for foreseeable medical treatment must work with their employers to schedule the leave so as not to unduly disrupt the employer's operations, subject to the approval of the employee's health care provider. In such cases, the employer may transfer the employee temporarily to an alternative job with equivalent pay and benefits that accommodates recurring periods of leave better than the employee's regular job." That's the only limitation on intermittent leave, and since there's nothing that talks about certification every single time, the rule is most likely the default rule (that the initial certification should suffice).

Customer:

Thank You

ScottyMacEsq, Lawyer
Category: Employment Law
Satisfied Customers: 11470
Experience: Licensed Texas General Practice Attorney
ScottyMacEsq and 3 other Employment Law Specialists are ready to help you

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