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LawTalk, Attorney
Category: Employment Law
Satisfied Customers: 34884
Experience:  30 years legal experience and I keep current in Employment Law through regular continuing education.
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I worked at my company years and 2 years ago my husband

Customer Question

I worked at my company for 6 years and 2 years ago my husband was diagnosed with terminal cancer. being they are a family owned company and I had proven myself to be exemplary employee by their own words, they offered to support me 100 percent throughout the process of getting through my husbands illness. needless to say, I did need to take time off to for his doctors appointments, hospital stays and such and they had always showed their support.
My husband passed away December of 2015 and suddenly about 2 weeks ago, I received a certified letter stating I to provide them with FMLA "or else" I am thoroughly confused as I would have gladly given them this if they asked before but they made it seem it wasn't necessary. a few weeks before I got this letter, one of my managers made the comment that I didn't really need the job because my husband passed of Mesothelioma and they were under the assumption that I didn't need the money. My performance has still been stellar and am still getting new business just as before. I did take some additional time off as I am dealing with probate and other legalities, so this came as a schock to me. When I asked them about it, they said its federal law that if I miss 5 days, I needed to get this form filled out, but it has been 2 years missing time on and off, do I have any rights here?
Submitted: 5 months ago.
Category: Employment Law
Expert:  LawTalk replied 5 months ago.
Good afternoon,I'm Doug, and I'm very sorry for your loss. My goal is to provide you with excellent service today. In order to give you a clear and concise answer, I will need some additional information about the circumstances, please. 1. Are you saying that they are asking you to apply for FMLA leave retroactively for the time you took off in the past?2. If not, please tell me what is is that you need to know. Doug
Customer: replied 5 months ago.
The letter stated that I missed significant time of work and they are assuming was for medical reasons but they have no documents to prove that. I offered repeatedly throughout process of they needing anything and they said no. The way I understand it now is that they want me to provide FMLA for any time I may be missing in future or else.. even if I don't intend on needing time of I was told I have till 5/13 to provide to them.
Customer: replied 5 months ago.
Are they allowed to ask now for FMLA AFTER 2 years
Expert:  LawTalk replied 5 months ago.
Good afternoon, Thank you for the clarification. Yes, they can ask for documentation justifying your having taken time off to care for your ill husband. And while they should have asked for the documentation long ago, they are allowed to ask for it at this late date. They need it so they can calculate their compliance with state and federal leave laws. Keep in mind that if you are just dealing with probate matters, and things like than now then your time off would not be covered by FMLA leave. Here is a form that you can print out and then give to your husband's primary treating physician to fill out to justify the time that you took off. Then you need to return the form to the employer. You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.I hope that I have been able to fully answer your question. As I am not an employee of JustAnswer, please be so kind as to rate my service to you. That is the only way I am compensated for assisting you. Thank you in advance.I wish you and yours the best in 2016,Doug
Customer: replied 5 months ago.
Can you please call me I'm confused(###) ###-####
Expert:  LawTalk replied 5 months ago.
I will be happy to call you. I will make a call offer to you that you will need to first accept for the premium service. Please stand by and I will make the offer to you.Doug
Expert:  LawTalk replied 5 months ago.
I am standing by, ready to call you as soon as you accept the call offer. Doug

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