Expert: Thomas R. Ballas - 10/29/2009

Question
I was absent from work for a week with a medical issue. My former employer said it would be covered under FMLA. I need verification that it indeed was covered under FMLA. I have no documents in my personnel file. I have a document in my medical records from my doctor saying he filled out all required FLMA paper work but again, I can find no documents. I do recall filling out and signing FMLA paperwork with HR. I need to confirm (or not)if the employer opened an FMLA case with either State of Federal government. Is this something I can request directly from the former employer, or do I need to pursue under Freedom of Information Act. Many thanks in advance for your time.

Answer
Robert:

The company is responsible for granting your FMLA.  State and Federal governments do not get involved with giving you FMLA.

If you filled out documents, and your doctor filled out documents, then the time you took off is considered part of your FMLA.  You are entitled to 12 weeks per year.

If you have already been out and returned before the documents were done, you need nothing at this point.   If you are still out, you should have gotten a letter from the employer telling you your FMLA is granted until XXX date.

The reason the company had you fill out the documents, (even if you have returned) is to recognize the time off as FMLA time.  If they do not do this, your time off does not count against your 12 week allotment.

Hope this helps.

Tom Ballas