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I submitted FMLA paperwork for reinstatement of my FMLA and…

I submitted FMLA paperwork...

I submitted FMLA paperwork for reinstatement of my FMLA and it's been 8 days. I haven't received approval, denial or a request for more information. How long do I have to wait for an answer either way?

Lawyer's Assistant: Have you documented this or discussed it with HR?

I document everything, dates, times, conversations and print off emails. I asked her about it after 5 days ans and all she tells me is that it's being reviewed.

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Full time

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

HR and my department head are making me feel guilty for caring for my mother and are asking me to reschedule folow up appointments and scans for her Acute Leukemia

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Answered in 2 minutes by:
9/15/2017
Dwayne B.
Dwayne B., Lawyer
Category: Employment Law
Satisfied Customers: 34,389
Experience: Employment Law Expert
Verified

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

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Please allow me several minutes to read your facts and type my response.

If you receive an email regarding a phone call for an extra price that comes directly from the website and not from me and I have no control over the sending of the email. I don't take part in the telephone program and only work through this format and under your facts this format should be sufficient.

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The FMLA gives the employer 5 days in which to respond to request for FMLA leave. However, there can be extenuating circumstances which provides the employer additional time. The FMLA does not define what extenuating circumstances are but likely almost anything would be valid so long as it is reasonable. For instance, if you were located in Houston and asked for FMLA leave the day before the hurricane hit and the office still isn't open then that would likely be allowed. However, just failing to respond is not valid. You can put in another request to the HR department at your company or you can file a complaint with the department of labor who has jurisdiction over the FMLA.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a 5 Star Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow-up questions in this thread. I want to be sure all of your questions are answered.

Dwayne B.
Dwayne B., Lawyer
Category: Employment Law
Satisfied Customers: 34,389
Experience: Employment Law Expert
Verified
Dwayne B. and 87 other Employment Law Specialists are ready to help you
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Customer reply replied 7 months ago
Is it ok for my employer to ask me to reschedule my mother's important follow up visits with her Oncologists and important scans due to daily operational needs of the office when her dr is not ok with rescheduling them or postponing them?

They are allowed to ask but as long as you have FMLA time accumulated then they can't deny it or sanction you for failing to reschedule.

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Thank you very much for allowing me to assist you. While the answers I give can't always be "good news", since the law can't always be favorable to everyone, I do strive to be as accurate as possible and to answer any follow up questions to the best of my ability.

You may receive a survey of some kind in the next day or so regarding your experience here at JustAnswer. Please be advised that I am responsible for the content of my answers but not with the issues of website performance or anything other than the answer. I hope that you will consider issuing a Positive Rating regarding my service to you so that I can continue helping others.

If I can ever provide assistance to you in the future please feel free to ask for me by starting your new question with "FOR DWAYNE B ONLY" and I will pick up as soon as I see the question.

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Customer reply replied 7 months ago
Is ok for my employer to make me feel guilty or bad for asking to use FMLA?

The law really doesn't discuss that because there is no way to accurately describe the situation. However, the employer cannot discriminate against you and you can certainly argue that them trying to make you feel that way is a form of intimidation or discrimination.

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Thank you very much for allowing me to assist you. While the answers I give can't always be "good news", since the law can't always be favorable to everyone, I do strive to be as accurate as possible and to answer any follow up questions to the best of my ability.

You may receive a survey of some kind in the next day or so regarding your experience here at JustAnswer. Please be advised that I am responsible for the content of my answers but not with the issues of website performance or anything other than the answer. I hope that you will consider issuing a Positive Rating regarding my service to you so that I can continue helping others.

If I can ever provide assistance to you in the future please feel free to ask for me by starting your new question with "FOR DWAYNE B ONLY" and I will pick up as soon as I see the question.

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Customer reply replied 7 months ago
I was hired to open the office on a rotating schedule, open at 8 am for 3 days and then come in at 8:30 for 3 days. After I was approved for FMLA they took me out of the rotation indefinitely. This is 3 less hours for me a pay period. Is that a violation?

It depends on their reason for taking you out of rotation. Many people believe that anything negative that happens to them while they are on FMLA is an automatic violation but that is not correct. People can have their hours reduce, schedules moved, jobs changed, and can even be fired while on FMLA. The law provides that a person cannot be discriminated against because they ask for or taken FMLA leave. For instance, assume that the employer had to cut back on the number of employees and they chose to terminate the last 5 people hired and a person on FMLA leave was in that group. Under those facts an employer would almost certainly be found not to have violated FMLA. However, if you change the facts just slightly and the employer chose just the last 4 people hired plus one person who had been there for 20 years and asked for FMLA, the the judge likely would find that is a violation.

Under your facts, we would have to know what the employer was giving for the reason for the rotation before you can know whether a court would likely find it to be a violation.

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