Hello There, Guest! Login Register
Index    |     Search    |     Members    |     Help

Thread Rating:
  • 0 Vote(s) - 0 Average
  • 1
  • 2
  • 3
  • 4
  • 5
HR said I don't need FMLA
#1
Is this true? When I asked my HR manager if I needed to fill out the FMLA paperwork for my absence after surgery, he said no. He said you are workers comp and FMLA isn't the one that pays you. I told him I realized that and that I was under the impression that I needed to file for FMLA because that is what protects my job. His response was "I will protect your job". Yeah right!

So my question is...do I file for FMLA even though he said not to? I'm pretty sure if I don't then I have no protection what so ever. Any advice?

Also, FMLA is handled by a third party through my employer.

Thanks again for helping with my many questions Big GrinBig Grin
 
Reply
#2
I once remember it was up to the employer to file for FMLA, and yet I still had to supply the paper work to get it rolling. I don't understand to why a 3rd party would have to do this and not HR?
Form;
http://dop.nv.gov/Forms/NPD-60.pdf

http://www.expertlaw.com/forums/showthread.php?t=14138

http://www.nevadaworkerscompensationlaw....d-workers/
Reply's are intended solely for informational purposes. They are based on personal opinions, experience, or research and are "not to be taken as fact or legal advice", otherwise, always consult an attorney or a doctor.
 
Reply
#3
not every employer is subject to FMLA
check out the qualifications here
http://www.dol.gov/whd/fmla/index.htm
if so, put a note in writing to your employer that you have requested it and keep a copy.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
Reply
#4
I didn't file FMLA. Was off work and returned to work 3 times. When I knew it was over for me (working) I filed FMLA, and retired early when it ended.

If your HR dept. "tells" you something, especially when you are dealing with WC, always get it in WRITING.
Let Go, and Let God......
 
Reply
#5
Thanks everyone...

Quote:. I don't understand to why a 3rd party would have to do this and not HR?

It use to be that we would file the FMLA paperwork through HR but as of last year the company that handles our STD and LTD took over handling FMLA. We submit our request online and they send us the paperwork for the doc to fill out, then they approve or deny. Our employer isn't in the loop until they get the email saying whether we were approved or not. It's a very large national company. They are also self insured.

Quote:If your HR dept. "tells" you something, especially when you are dealing with WC, always get it in WRITING.

I plan to send him an email tomorrow, hopefully he responds through email as wellSmile

If I don't file for FMLA because HR said I didn't need to, can't they fire me right away when I have my surgery next week?

Thanks for the links too...
 
Reply
  


Possibly Related Threads...
Thread Author Replies Views Last Post
  FMLA & WC in Nevada Minda 2 6,608 08-26-2013, 10:03 PM
Last Post: 1171
  fmla taywindsor 5 4,534 07-03-2013, 07:18 PM
Last Post: Manley2
Sad FMLA Question roaddog831@hotmail.com 1 2,134 04-30-2013, 06:42 PM
Last Post: 1171
  FMLA Question SIF_Stressed In Fl 2 3,761 11-10-2011, 09:19 PM
Last Post: SIF_Stressed In Fl
  To FMLA or Not FMLA SIF_Stressed In Fl 7 9,434 11-08-2011, 01:15 PM
Last Post: SIF_Stressed In Fl
  FMLA wootk1967 2 5,024 09-12-2010, 08:37 PM
Last Post: dmma
  California-FMLA vs WC mochi 8 14,142 07-23-2010, 02:34 PM
Last Post: Bad Boy Bad Boy
  Can they use FMLA against me? vandew 10 12,917 06-15-2010, 08:21 PM
Last Post: vandew
  fmla/herniate disk c4-c5 ybigjt 2 4,722 06-05-2010, 09:23 AM
Last Post: Cycler
  FMLA Question Gatekeeper 3 5,650 01-21-2010, 09:57 AM
Last Post: capricorn

Forum Jump:


Browsing: 1 Guest(s)