Jump to content

Company demands on FMLA paperwork


Recommended Posts

My employer has tried to force me to apply for FMLA for my husband. I never requested it. They called me in to a meeting to discuss my work schedule and started with "we understand that you sometimes have to take care of your husband. Is this true?" to which I said "yes." I clearly stated that I had no intention of filing for FMLA for him and have not needed to have time off to help him in the last year. They said that because they "have now been informed of the need" they must start the process of paperwork for this. I don't know what they gain by doing this or how it would affect me if I did not turn in paperwork for an FMLA relating to him. The only time he has come up has been in the context of turning down offered overtime. I do know that the company is not happy with me working less than 8 hours per day, even though they know that my reduced work schedule is based on my own health concerns, not those of my husband. I did sign a document stating that I would work overtime if offered and I have not been able to do that based on my own health. 

Does anyone have any thoughts on this?

When they hand the paperwork to me can I just write something like "I am not requesting FMLA based on my husband's illness at this time"?

I just don't see why they would do this. I do think they are trying to force me on to a 40-hour per week schedule or force me to leave, but I don't see how this could possibly fit in to their plan.



Link to comment
Share on other sites

Hello @MeAgain... yes, I am intimately familiar with FMLA. When you request this ( whether for you or your husband ) you can take 12 weeks time off for this leave based on a rolling calendar. So, if you take time off for anything not regularly approved by your employer ( like vacation or sick leave as per your policies ) it will go towards the 12 weeks maximum. For me it worked like this: if the first day of FMLA is on february 10th then I dont gain that day back until the next year February tenth. So, in any given year you have 12 weeks of FMLA  from the first requested day until the following years same day. 

Any time you start using time off either for a reason other than your own health or more time than allowed ( by your employers policy )for your own health they  can use FMLA as an excuse for your absence. But you only have 12 weeks of this within the calendar year. 

Link to comment
Share on other sites

Thanks, Pistol.

I just don't know why they would process this when I have not asked for any time off for my husband in months.

If they filed forms for FMLA, am I required to get his doctors to fill out more forms even though I don't need time off for him at this moment? 

I get the impression that the company is trying to force me to quit. Is there any way that doing this can be used against me?

If I have FMLA for myself for a medical condition, if I get sick with something else, does that also count for FMLA?

Link to comment
Share on other sites

I would suggest putting in writing that you do not wish to apply for FMLA related to your husband and send it by registered post, or create some other proof of receipt such as copying in relevant staff members on an email or even sending a copy to your family lawyer (if you have one).

Make sure the letter is very bald and clear.

I am not familiar with the FMLA process, but it might also be appropriate to send that authority a registered letter saying the same thing.

Plus, does the organisation have a help line? If you can get through, phone and tell them what's happening. This will create an official record to support your side of things.

Also make sure to document every thing that happens.

Sorry you are going through this hassle on top of everything else.

P.S. I would also ask for a copy of the notes from the meeting, and if they misrepresent you, put it in writing and again lodge copies wherever you can.

Link to comment
Share on other sites

@MeAgain... in my case I requested the FMLA but I only used up FMLA hours once I used up all of my sick time and vacation time. Some weeks I didn't use any and other times I did, so even if you CAN use FMLA for your husband's illness - if you dont miss any hours then they obviously wouldn't be able to use any FMLA. If your husband's health has improved you can let your employer know this, and if now you need time off for yourself just tell them. FMLA is essentially a law that protects your job when you are TEMPORARILY unable to work due to being sick or caring for a family member. However - once you use up the 12 weeks within one calendar year then they CAN fire you, and they are not required to give you the same job back.

You can also use FMLA if you are not able to work a whole shift. In other words - if your doctor writes a note saying you can only work 3 six-hour shifts a week then they have to use FMLA for the missed hours. 

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

  • Create New...