Employment Law Questions? Ask an Employment Lawyer.
Thank you for your question today, I look forward to assisting you. I bring nearly 20 years of legal experience in various disciplines.
The DOL wanted you to first go through your HR because they wisely recognized that there is a defense if you don't do that first. If you don't first go through the company HR, the employer can state that they never had a chance to cure.
So, after you have gone through HR, if the issue is not resolved, you then have to go back to the DOL so that they can initiate an FMLA discrimination investigation, to preserve your right to sue in federal court.
I received a letter from the USPS HR department telling me that : "Managers may not request documentation each time an employee request FMLA leave protection. If a Supervisor/Manager has inquiries, concerns, or believes an employee is misusing their FMLA they will need to contact the Human Resources Shared Service Center(HRSSC) by email via their appropriate HRSSC FMLA (Area) Outlook account. As part of the HRSSC FMLA procedures, theses Area email accounts have been set up to capture and respond to all management FMLA inquiries. A team Has been designated to handle the response in the order
So, it sounds like they have a team set to respond to your request.
Now, you just need to keep track of when you were denied FMLA. You typically only have 180 days following that time to file your DOL complaint.
If your employer's HR has not responded within, say 150 days of your FMLA denial, contact the DOL again and state that you have gone through HR but they are either stalling or not responding. They just need to know that you have attempted to go through the HR process and they either did or did not respond in some way.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).