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Your Question:edit text I let my employer know on April 11th…

Your Question:edit text I let...

Your Question:edit text
I let my employer know on April 11th that I wanted the paperwork for FMLA. I have been having major health problems for the last four or five months. This is not a new issye. hey asked for a certification from my doctor, I gave it to them within 15. They asked for more information from my doctor I gave that to them last Thursday. I read that they have 5 days to give me my designation per FMLA site. That would be this Wednesday. They are now stating that their attorney is reviewing my information to check it but without my permission. I asked about this today, but no reply yet. Thoughts?

Lawyer's Assistant: Have you discussed this with a manager or HR? Or with a lawyer?

See above regarding HR and what they are doing. My manager REFUSES to talk about FMLA with me.

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

At will

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

Not at this time thanks

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Customer reply replied 3 months ago
I would think that asking an outside attorney to review my medical certification without my permission is a HIPAA violation. HR also me that since I didn't give 30 days notice, something like this illness could take even longer to review and approve. Huh? That isn't accurate.
Answered in 18 hours by:
5/8/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,391
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Thanks for our patience. This isn't going to be a HIPAA violation because HIPAA prohibits people like your doctor from sharing your information without your consent. It doesn't prohibit an attorney representing the company from reviewing medical information you provided.

On the flipside, it's possible that the employer may be violating federal law. Under the Family Medical Leave Act (“FMLA”) eligible employees may take up to twelve (12) weeks off of their position to care for themselves or a family member (a spouse, child, or natural/adoptive parent - no “in-laws”) that is dealing with a serious health condition. The employee is entitled to return to their same or similar job. A family member does not include in-laws, but does include a spouse and a child. or a parent. An eligible employee is one that has worked for their employer for the past twelve (12) months and has worked at least 1,250 hours in those past twelve (12) months. The employer must also be covered under FMLA before they are required to provide FMLA leave. A covered employer typically only has to have at least fifty (50) employees within a seventy-five (75) mile radius for at least twenty (20) workweeks in the current or preceding calendar year. Also, an employer is required to provide employees with notice of their rights under the FMLA And is required to provide you with notice of your FMLA rights when they have knowledge of a triggering event. An employer is required to not unreasonably delay approval of the FMLA and if they do, then you could file a complaint with the US Dept. of Labor as a result.

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Because I value your input, I would like to know whether you have any other questions for me today that I could help you with?

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Customer reply replied 3 months ago
Thank you. As far as I know, the only attorney our company has is for Risk. And what I read on the federal FMLA website stated that I did not have to give as much information about my medical condition as I did. I gave them notice on April 11th as soon as I realize I was having problems, and while I didn't give 30 days I did let them know as soon as practical which is also covered under the FMLA law correct? They are stating that since I didn't give 30 days notice it may take them even longer to give me an answer or a does ignatian because my situation is different. I am asking for intermittent FMLA, and my issues are not odd, or different, and my doctor has more than given personal details to them. Somehow it doesn't seem right to me that after doing all that I was asked, and that tomorrow it will be 5 days since I submitted what they asked for the last time, that they are now delaying by letting some attorney who they refused to name look over all of my medical issues that I gave only to our HR department. See where I am going with this?

You're welcome. Yes, 30 days is the nor, but you just need to let them know as soon as you possibly can. They can't deny you just on those grounds. I think it seems like they're trying to unreasonably delay it so you may need to tell HR and their attorney that their failure to approve in good faith could subject them to an investigation by the US Dept. of Labor and if they were smart, they would just approve it and move on.

Did you have any other questions for me today at all?

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Customer reply replied 3 months ago
Thank you! That helps, I'm having tests and issues NOW and there is no reason as far as I can see for them to delay. They are acting like I'm doing something wrong, and this adds to my stress and medical issues. Appreciate your help!

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Customer reply replied 3 months ago
Will do! Thanks again

You're too kind. Thank you!

Legal Eagle
Legal Eagle, Lawyer
Category: Legal
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