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Attorney2020
Attorney2020, Lawyer
Category: Employment Law
Satisfied Customers: 2578
Experience:  I have significant experience in employment law.
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I have a question about FMLA, my husband applied from

Customer Question

I have a question about FMLA, my husband applied for FMLA from his employer around a month or month and a half ago. He was being treated for a staph infection that resulted from a spider bite on his leg. The doctor took him off work for 7 days because he needed to stay off his leg because of swelling. Standing and walking was really aggravating the wound and making it worse. He applied for FMLA the very same day that he saw the physician. The doctor faxed all the paperwork over to them on several occasions. We had not heard from the FMLA people for the longest time so we called last week and they said that his FMLA was denied because the doctor filled the paperwork out wrong. Is there a certain time frame that they have tell you if you are approved or not? We asked what we needed to do because he is going to get wrote up for being absent even with a Drs excuse. The HR manager said he needed to file for short term disability and if that is approved then his FMLA would be approved. Aren't these two different things? Something seems wrong here.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Attorney2020 replied 1 year ago.
There are no specific time limits as to when a response must be generated after an FMLA application is submitted. FMLA and short term disability are different things. SHort term disability appears to be a state program and FMLA refers to unpaid leave and short term disability conner disability benefits during such leave. The best way to deal is to work cooperatively with the doctor and employer so that proper treatment, benefits and recoveries can occur. Has the employer threatened to terminate your husband?

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