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JB Umphrey, Lawyer
Category: Employment Law
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Experience: Assisting employees and employers for over 14 years.
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Im on Paid Administrative Leave. Its been 3 wks and 1 day. HR finally called

Resolved Question:

I'm on Paid Administrative Leave. It's been 3 wks and 1 day. HR finally called and left a message to meet at their branch tomorrow. I don't want to go. I have doctor's notes stating that I'm on bed rest and will be evaluated next Friday to see how I'm feeling. The Paid Administrative Leave will technically end tomorrow. I will probably get fired, but I'm not sure of anything. Do I HAVE to file FMLA if I run out of accruals? Don't want to because it's UNPAID LEAVE and I wouldn't be allowed to pursue new employment. I can't have those restrictions. I just want to request a PHONE INTERVIEW/CONFERENCE tomorrow. I want this behind me. Can I avoid FMLA after running out of accruals? I just can't step foot in that place again. Oh, what to do??? I don't care if I'm fired. I just would like this to go as smooth as possible.

Submitted: 12 months ago.
Category: Employment Law
Expert:  JB Umphrey replied 12 months ago.

Welcome and thank you for your question!

I am sorry to learn of these circumstances. Please clarify: what information are you seeking from JustAnswer?

Customer: replied 12 months ago.

Do I have to file FMLA papers with my employer if I run out of accruals? I'll run out of paid accruals next week if paid administrative leave ends tomorrow and I'm not fired. I just want to phone conference this meeting tomorrow and I want to use medical reasons for not driving out to the main branch. I have doctor notes saying I need to rest. FMLA would just postpone the meeting. I want this whole thing over with. I want to legally be able to have this meeting over the phone. this meeting will disclose their employment decisions for my future.

Expert:  JB Umphrey replied 12 months ago.

If you are going to miss due to a personal medical matter, yes, FMLA papers must be filed with the employer.

You can ask the employer to have the meeting via phone or to delay it upon your return. Just ask them. Be sure to give them a copy of your doctor's note.

Alternatively, if you are prepared to leave your employer, simply consider submitting your resignation and then you are done with them.

It has been my pleasure to assist you today with your information needs. It is my goal that you are satisfied. No expert can promise you an answer that is favorable to your circumstances. But I will do my very best to explain the legal principles that are related to the facts you’ve described so that you can better understand the “why” of things.

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Thanks,
~~ J.B.

JB Umphrey, Lawyer
Category: Employment Law
Positive Feedback: 96.6 %
Satisfied Customers: 20229
Experience: Assisting employees and employers for over 14 years.
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