Legal Forum
Discuss employment-law issues such as family leave, overtime, disabilities law, harassment, immigration and termination.
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Posted: 2002-04-23 08:26
At what point does the employer's responsibility to notify the employee of FMLA rights kick in? We have been notifying employees as soon as they bring to our attention that a future leave may be necessary. We know that some companies do not give formal FMLA rights documents until the employee formally requests leave - designated as FMLA or not.
nork3
Joined: Feb 12, 2002 Posts: 3876
Posted: 2002-04-23 08:55
Any time you suspect that there might be a FMLA situation developing, you should inform the employee of his or her rights. It might help if you included FMLA info in the employee handbook if you haven't already.
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Joined: Dec 20, 2001 Posts: 521
Posted: 2002-04-23 14:11
The FMLA certainly contains detailed regs. regarding positng and other notice requirements of employees' FMLA rights. In that regard, "the employer's responsibility to notify the employee of FMLA rights" "kicks in" as soon as the employer becomes covered by the FMLA.
Now, it is also an employer's obligation to designate leave as FMLA leave. In that regard, I agree with Carl wholeheartedly. Once the employee notifies you of a situation which may be covered by FMLA, inform the employee of his or her rights and obligations under the statute.
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Joined: Dec 20, 2001 Posts: 521
Posted: 2002-04-24 05:11
We should also remind folks that the DOL regulation which specifically required the employer to provide advance notice that an employee's leave was FMLA leave (i.e., an employer could not retroactively designate FMLA leave) was struck down by the United States Supreme Court just a few weeks ago. Thus, the law in this area is in a "state of flux." The better practice, IMHO, would be to provide an employee with notice of his or her FMLA rights and invite the employee to apply for FMLA leave as soon as it seems the leave might be covered. This would include a notice to any employee absent from work for three consecutive days for medical reasons.
kappeds
Joined: Dec 11, 2003 Posts: 1
Posted: 2003-12-11 20:05
I submitted FMLA paperwork to our HCMP manager 2 weeks ago and have not received an answer to my request. What are my rights regarding time frame for them to respond?
thanks,
hejward
Joined: Sep 23, 2004 Posts: 2
Posted: 2004-09-23 11:40
If an employee notified their employer that they was in the hospital undergoing medical treatment but, the employer never requested the employee to fill out FMLA papers. And few days after the employee returns to work he is notified that the HR department is looking into weather the missed days is covered under FMLA or not: Upon receiving his paystub he finds out that the company did with hold 40 hours of pay for FMLA even though he never was requested to submit FMLA papers or was ever notified that the missed time would be FMLA until receiving paycheck.
Is this how FMLA is suppose to work?
Lorabele
Joined: Sep 13, 2001 Posts: 98
Posted: 2004-09-24 07:04
Please note that this is a forum for employers to discuss issues, not a forum for employees.
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Posted: 2002-04-23 08:26 
