FMLA Employer Notice Question

[az]

I'm considering filing for FMLA. Federal law requires a minimum 30-day notice, if possible. I'd like to give this notice but need assurance that my job is protected during the notice period. Seems it would be, but I can't find anything on the Internet that confirms one way or another.

Does anyone know 100%? Sure would appreciate hearing from an atty.

[aredmosquito]

When I applied, there was a section for "intermittent FMLA" that said notice would not always be feasible. Does yours have that option?

[MSW1963]

Most local chapters of the NMSS have a list of ADA/FMLA attorneys in your area for a consult.

From the DOL.gov:

(If a certification is requested, employers must allow at least 15 calendar days from receipt of this notice; additional time may be required in some circumstances.) If sufficient information is not provided in a timely manner, your leave may be denied.

Link to DOL FMLA Forms:

http://www.dol.gov/whd/forms/WH-381.pdf

Part B of the DOL form has detailed info regarding employee responsibilities when requesting FMLA protected leave. Also, your employer may have the FMLA form on their company letterhead, but the info must comply with DOL requirements.

[Strhuntrss]

az,

Do you happen to have a job that is union? If so, are you a union member?

The reason that I am asking is that the union can be your liason IF you should have any issues with job security.

Most unions are versed in FMLA.

Also, most times, it is the doctor's report or answers for the FMLA qualification is the problem most employees have with FMLA acceptance. Some doctors do not know how to fill out FMLA forms correctly.

I worked for the USPS for 30 years and was a Union Steward for 14 of those years.

[az]

Thanks to everyone for your feedback. To answer your questions...

aredmosquito,

Yes, I have that option; however, I do want to give some notice primarily to wind down outstanding work, train co-workers on my job, etc. I've been there over 16 years and don't want to just jump ship if I can stay a little longer and wind things down so there is as little disruption as possible.

Due to extreme fatigue and cognitive issues, it is becoming increasingly difficult to put in a full day's work - even half day is overwhelming. My first day of FMLA will run concurrently with STD, per employer policy. Due to being PPMS, I seriously doubt I will improve and make it back to work. Tried various medications and nothing is helping. As a result, I will likely apply for LTD after the 90-day STD. My employer has been accommodating so far, so I don't expect them to fight any of this. Of course, there are no guarantees.


MSW1963,

Tried the NMSS route already. The Society was very helpful providing contacts, but I found all attorneys want $500-$600/hr just to give advice. Free consults available only if I have problems once I file. Tomorrow, I will be trying the DOL contact # for questions. Hoping they will be able to direct me to something in writing that answers my question.


Strhuntrss,

No, my employer does not have a Union. I have little doubt I will be approved -- already have multiple physicians who are ready to complete whatever documents necessary. My only concern at this point is the notice period. I want to give up to 30 days but I need assurance I won't be demoted, fired, forced to go part time, etc. between the time I give the employer notice and my first day of FMLA leave. Crossing my fingers the DOL can answer this.

Thanks again to all of you. Take care.

[MSW1963]

az, sorry the 'free consult' is now $500-$600 per hr. They must be in much greater demand then they were when I used the service. FMLA attorneys usually follow the money and represent corporate clients. That was the purpose of the NMSS referral list.

"I do want to give some notice primarily to wind down outstanding work, train co-workers on my job, etc. I've been there over 16 years and don't want to just jump ship if I can stay a little longer and wind things down so there is as little disruption as possible."

Very professional and thoughtful of you to both your co-workers and your employer. It might be a good idea to discuss your exit strategy with your MS doc, just to avoid any possible confusion or bureaucratic glitch with the effective date of your disability and coordination with effective date of Insurance Policy provisions for STD/LTD.

I had very good experience with EEOC division of DOL, always got a call back and reliable info.