FMLA help URGENT!
skylor
1 Post
I have a huge dilemma and really need help since I can;t get a straight answer from anyone in my office. I had corrective Jaw surgery on Sept 1st.
I work 2 full time jobs. One in a big corporation the other a smallish not for profit company. I had contacted both HR places for info on medical leave BEFORE my surgery. I did it through the big corporation's FMLA handler which is an outside company. The small not for profit told me she will send me a form and I will need to send in a copy of the form filled out for the big corporation. Well I sent everything in ,I am on official medical leave from the big corporation and have been since sept 1st. I never heard back from the small not for profit after I faxed in what she told me to fax ( one page sheet request for med leave and a copy of the big corporation's form filled out by my doctor . SHE GOT BACK TO ME THE 17TH telling me the paperwork is not in good order and mailed me the correct paperwork (which I got on the 19th) from their insurance provider a diff company. I am very agrgravated and frustrated because I'm coming back either late this week or early next week and this woman just gave me all this info recently. Since I'm coming back very shortly at this point I really don't want to go through all this paperwork again, im so frustrated I dont even want the disability benefit but I'm scared I'm violating FMLA by not being on med leave officially I do have sick days at the small not for profit that I can use instead of FMLA. Can I just take the sick days at this point and not violate FMLA with the other company.
This is probably confusing, to sum the sitution up in few words. 2 jobs, on FMLA officially from one, not officially from the other BUT HAVE NOT WORKED ANYWHERE SINCE OFFICIAL MEDICAL LEAVE STARTED. I do not want to go through the whole paperwork for the 2nd place since I'm coming back next week. Can I just take the time off from 2nd job as sick days without causing any problems.
Comments
I'd be patient and fill in the paperwork It can help protect you from arbitrary employment decisions, it will also give validity to claiming the sick benefit. If I see an employee who takes sick leave but doesn't want to fill out the FMLA paperwork it makes me wonder.....why???
Probably not a good thing for the employee to have the HR people asking....why??? See what I mean?
Generally, an employer does not have to provide a voluntary benefit to an employee who doesn't meet the Company's published qualifications or who does not follow the Company's reasonable process for approval.
It sounds like the small not for profit leave is not FMLA because one element, you or the company or the medical condition, is not qualified. If the leave is potentially FMLA designated, you still have to provide a cert. If it's just the STD leave you want from the insurance, they're not going to honor the claim if you don't fill out the paperwork. What your employer will do I cannot guess.