Q: I requested FMLA after a serious documented hand injury at work that resulted in work comp and physical therapy & Ortho
This was my companys response below , should i leave and sue ?? Are there any grounds to sue Nd can they make me work
Hi john,
There is a process to FMLA. I have your request in writing however I cannot approve FMLA until I have paperwork from your physician.
I can get the paperwork typed up for you and email it to you. Once you receive it, you will have 15 days to get it completed. Once completed, I can make a determination as to whether FMLA is approved or whether we will need more information.
Would you like me to email you the paperwork in the morning?? Or would you like to pick it up??
Also, just for your information, until your FMLA is approved, any unexcused absences will continue to accumulate points.
Thank You,
A:
From what you’ve described, it seems your company is following the standard FMLA process by requiring paperwork from your physician before approving your leave. This is pretty typical, as FMLA approval hinges on documented medical necessity. They’re giving you a chance to submit the necessary information, but until that happens, they can continue marking absences against you. The fact that they mentioned unexcused absences accumulating points could be concerning, especially if you’ve already communicated your need for medical leave. It may feel like they are pressuring you to return to work before your FMLA is processed, but that doesn’t necessarily mean they are violating your rights just yet.
If you believe they are unfairly denying or delaying your FMLA request, or penalizing you in ways that go against FMLA rules, there might be grounds to take legal action. Keep in mind, FMLA protects your job for up to 12 weeks of unpaid leave for serious medical conditions, and your employer cannot penalize you for taking it once it’s approved. However, it doesn’t kick in until the paperwork is properly filed and approved. So, while it might feel like they're pushing you to work, they're also following the legal process. You might want to continue following their instructions for now, but if you feel they are being unreasonable or retaliatory, you could have grounds for a lawsuit depending on how they handle your request going forward. It’s worth considering all your options carefully before making a decision to leave or sue.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
