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I am on approved intermittent leave. I received a form from…

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I am on approved intermittent...
I am on approved intermittent leave. I received a form from my employer stating i requested fmla.Can i be forced to initiate fmla?
Submitted: 2 months ago.Category: Employment Law
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12/20/2017
Employment Lawyer: Patrick, Esq., Lawyer replied 2 months ago
Patrick, Esq.
Category: Employment Law
Satisfied Customers: 13,556
Experience: Significant experience in all areas of employment law.
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Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

FMLA is simply the law that protects you from any adverse employment action as a result of your intermittent leave. Your employer is required by law to designate any qualifying leave as FMLA protected, but this is entirely, 100% for your benefit, so you should not be bothered by the fact that this is a requirement in the first place.

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

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Just Answer is a venue for informational and educational purposes only. No attorney-client relationship is formed by these communications.

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Customer reply replied 2 months ago
the letter indicates that i requested fmla and i did not. it also requires that i provide a doctors note stating that my absences that were approved as intermittent will be denied if i can not provide another doctors note. the doctors note has already been provided..
Customer reply replied 2 months ago
before i was eligible for fmla leave i was given appoved human resource intermittent leave.. and all documentation was given and so was the doctors note.. now i received a fmla leave stating my absences could be denied if i do not provide a doctors note. but it was provided and the paper indicates i requested fmla leave and i did not. my question is can my employer reverse the human resource intermittent leave and force a fmla leave????
Employment Lawyer: Patrick, Esq., Lawyer replied 2 months ago

Thank you.

I would not get hung up on the letter saying that you requested FMLA. Again, FMLA is completely, 100% for your benefit, so it doesn't really matter who requests it. It helps you.

As for the doctor's notes to support your intermittent leave, the law permits your employer to request new doctor's notes once every 6 months, or at the end of the certification period provided on your original note. For example, if your original note certified that you were unable to work on an intermittent basis for the next 60 days, your employer would have to wait until that 60 days ran out before requesting a new note in most cases. But if the not did not contain a duration or if the duration was more than 6 months, your employer could request a new note after 6 months. See here.

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Customer reply replied 2 months ago
I am not sure when the intermitten request leave would expire could i request to ask??
Employment Lawyer: Patrick, Esq., Lawyer replied 2 months ago

Sorry for my delay in getting back to you, but it appears you inadvertently "opted me out" of your question, which locked the question from me and made it impossible for me to respond.

If your leave has not yet been designated as FMLA leave, then your employer could require you to fill out FMLA paperwork and get a new doctors note at this point in time. They would not be allowed to request a new doctor's note after THAT until either (1) the note provided with the FMLA expires; or (2) 6 more months pass.

Again if there is anything more I can do for you just let me know. It's my pleasure....

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