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Ely, Counselor at Law
Category: Employment Law
Satisfied Customers: 102184
Experience:  Years of experience in running a medium sized law firm.
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I had two additional questions hun, 1 about Nextcare and 2,

Customer Question

I had two additional questions hun, 1 about Nextcare and 2, was on FMLA. Ill gladly consider tip on final rating and thank you.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ely replied 1 year ago.

Hello again. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I was injured on the job afterv14 years of service, boss openedbup WC claim thru company insurance, I am instructednnot to work until Ive had an MRI and follow up. Boss sent me 16npagesnof VA FMLA PAPERS, to fill out and return to him (Hr dept ceo) he didnt fill out anything at all for the part that my employer is to complete, so I dont feel right signing papersnwhere they can check off after i return them, how things will be such as Healthcare premiums and who is responsible, if they are going to pay me my earned leave accrued time, how I will he paid thru WC and if WC time off is taken from my FMLA balance or not etc...I am a salaried manager HELP, i do not want to risk any deadline for returning and jeopardize returningbto my job. We are a company within 50 miles of my site as well as over 75 employees

Can you please clarify? Sorry, I am just not understanding. What are you asking? For example:

-can my employer force me to take FMLA?

-can he force me to sign a document?


Customer: replied 1 year ago.
If this is Workers Comp injury that caused me to be out of work and employeer opened a WC claim with corporate insurance policy agent in which there is a ligit Claim. 1: Do I or Should I complete FMLA PAPERS (TO SAVE MY POSITION AND SALARY) and if so, whybwould my employeer give me 16 pages of info to fill out when majority of the fill in info shoukd be done by them, so that I can agree or disagree???
Expert:  Ely replied 1 year ago.

1) an employer can require an employee to take FMLA in many situations, For example, when you qualify for FMLA but use paid time off or vacation time instead.

2) There is no law about the paperwork. You can claim that your employer is giving you too much, but no law disallows the employer from giving the employee a packet to fill out as part of this.

Customer: replied 1 year ago.
there is no deadline for completion of any FMLA paperwork that could cause me to to return to my position and pay up to my accrued 12 weeks that I have earned?
Expert:  Ely replied 1 year ago.

Well... I did not say that.

But until you go on your FMLA packet, the employer may deny you FMLA.

An employer is allowed to ask for REASONABLE proof and information prior in an FMLA claim.

Expert:  Ely replied 1 year ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!