denying Flma
can an employee deny you Flma, for a grandson has cancer. we travel to Florida every 5 weeks. we are from midwest
Since its passage in 1993, the Family and Medical Leave Act (FMLA) has saved the jobs of tens of thousands of workers—union and nonunion.
The law prevents employers from discharging or disciplining workers who miss work time for serious medical reasons or to care for family members. In most cases, eligible employees can take up to 60 days of leave (12 workweeks) within a 12-month period. The law can also be used to bond with new children.
Not surprisingly, employers—and the so-called “specialists” they hire to run their FMLA programs—frequently misapply the law to deny leaves or impose discipline.
A common practice is to claim that the worker failed to submit a timely or adequate medical certification. When doing so, employers often ignore the regulations issued by the U.S. Department of Labor. Here’s what the rules actually say:
Authorized providers include physicians, chiropractors, clinical psychologists, social workers, nurse practitioners, and physician assistants.
It is not enough for a handbook or benefit plan to state that medical reports must be submitted in all cases.
The certification request must inform the employee what consequences to expect if the certification is inadequate.
In April, the state of New York and the city of San Francisco broke new ground by mandating significant amounts of paid leave for family care and bonding with new children.
The New York law, backed by an impressive coalition of unions, community groups, and women’s organizations, guarantees up to 12 weeks of paid bonding and family-care (but not medical) leave. Eligibility begins after 26 weeks of employment—without regard to the size of the workplace or the number of hours worked.
The law takes effect on January 1, 2018. By 2021, when fully phased in, workers will be entitled to 67 percent of regular wages. The program is funded by payroll deductions (from all employees) of approximately $1 per week.
The San Francisco ordinance, also backed by a labor-community coalition, requires employers to pay up to six weeks of full wages to parents who ask for time to bond with newly born or newly placed children. Eligibility begins after 90 days of employment.
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Instead, it must notify the employee of the missing information and allow the employee at least seven days to submit a new certification or a letter from the provider. If the provider is unavailable, additional time must be allowed.
Both must find fault with the first provider before the employer can reject the original certification.
Here is some advice a union can offer if a worker is asked to submit an FMLA medical certification:
For intermittent leave, the provider must estimate how often and for how long you are likely to be absent. When appropriate, encourage the provider to estimate a substantial duration such as six months or a year and an ample number of expected flare-ups.
If you, or your family member, has a chronic condition, make sure the provider says that at least two treatment visits a year are needed for the condition.
Fax or deliver the form to your employer, keeping a copy for yourself.
Labor lawyer Robert Schwartz is the author of The FMLA Handbook: A Union Guide to the Family and Medical Leave Act. The fifth edition will be available this summer. Order from workrightspress.com
can an employee deny you Flma, for a grandson has cancer. we travel to Florida every 5 weeks. we are from midwest
It would help if you could site the actual FMLA regulation or the Wages and Hour opinion letters per each subject. Thanks