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1) FMLA has nothing to do with the state, it is a federal law, don't bother looking at "state" laws.
2) seeking an attorney is a horrible idea, it will cost money and the information/laws are easily found and interpreted.
3) one poster said denying vacation is "illegal". This is false as vacation is an added benefit and not an entitlement.
4) Assuming your employer has more than 50 employees in the past 20 weeks, they are required to acknowledge FMLA leaves also assuming you have worked 1250 hours is the past 12 months.
5) The 30 day notice period is based on FMLA guidance. Essentially it says if you have foreseeable knowledge of a procedure you should give at least 30 days notice WHEN POSSIBLE, you also should work with your employer to arrange the timing of the procedure WHEN POSSIBLE.
6) You DO NOT need paperwork because you have already verbally provided your intention to take leave.
7) All you need to do is have your doctor verify that it is medically needed and needed now which means it is not foreseeable and not subject to 30 days notice.
Best of luck and please verify all information as some posters have provided inaccurate information.
If your company meets the mandatory minimums for FMLA converge AND you have worked the required time period, you are entitled to FMLA. Although the 30 day notice is a standard policy, it's a policy not an absolute mandate and would not even apply when your health care professional or the nature of the medical condition doesn't allow for prior notice or requires a shorten notice.
So, to make sure you are not in some unnecessary bind, it's usually recommended you give your company a written notice of your need to take FMLA along with the critical need supported by your health care professional's statement of medical necessity and timing. Your employer will have to run their own compliance check to handled it the way it needs to be handled without unnecessary burden on you.
As an aside, just remember FMLA is just a federal employment protection for medical needs. It provides no pay and isn't an accrued benefit like sick days or vacation so should not be treated as such. Your employer can't alter the FMLA rules so be it they approve it or not in an acute situation, means nothing as ultimately the process is what the process is. If they are required to honor FMLA, they will be held accountable. All you have to do is make sure you're not giving them a convenient out or delaying tactic by not following your portion of the requirements and documenting it.
I did go to HR last Thursday and she refused to give me FMLA papers till I give the 30 day notice.
Was this an HR employee, or the HR director?
If this is a nursing home "chain", consider taking it up to corporate.
If I had that kind of tenure, I'd be inclined to leave them a note telling them when I would be off, and that my physician would fill out the FMLA paperwork whenever they decided to give it to him. I'd probably add a line that I hoped I didn't have to get the Department of Labor involved.
These people are clowns. Find a job that values you, and lets you use your vacation time.
FMLA protects your job but does not include pay. That said, employers may require you to use your vacation/sick time during FMLA, in which case you would be using that time (and getting paid) anyway.
There are a lot of other details to look into. Are you a full-time employee? Is your health insurance through your employer? (If so, you will be responsible for any employee-paid health care that is usually deducted from your paycheck and will need to pay them.) How much time do you anticipate needing out? Will you need any (even short term) accommodations when you return to work?
I had laparoscopic gall bladder surgery on a Wednesday. I could have gone back to work the following Monday, but I had nearly 2000 hours sick leave and wasn’t too far from retirement so I took 2.5 weeks off. Point being, without complications it’s pretty easy surgery.
I had laparoscopic gall bladder surgery on a Wednesday. I could have gone back to work the following Monday, but I had nearly 2000 hours sick leave and wasn’t too far from retirement so I took 2.5 weeks off. Point being, without complications it’s pretty easy surgery.
22 years ago a friend of mine almost died from that surgery. She was 22 at the time. She had complications from the anesthesia. It was scary for a good 12 hours after her procedure. They told her Mother she had a 50/50 chance of waking up.
I do think that your surgeon will be required to provide documentation from him/her stating the need for immediate care and why it can't wait. (Risk of shutdowns will probably not apply.)
You do realize that you won't get paid under FMLA, right?
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