For three years now I've had to apply for FMLA protection. The paperwork was all handled thru my employer. Everything went fine. This year however is different. My employer contracted a company to handle the application process. I recieved a preapproval pending medical certification. The letter said they need the doctors paperwork 15 days from the date of the letter.
Two days prior to the expiration date I called and informed them that my wife had her doctors appointment 2 weeks after their required due date. The operator informed me that this was fine and for me to fax the papers from the doctors office. Even though they noted my phone call, their automated system sent out a denial letter to my employer. As a result, my points exceeded there limit and I was terminated.
Two weeks later, the contracted company admitted their mistake and sent my employer a back-dated FMLA approval letter.
Now I was not informed of any other options I may have had at the time. The company advised me that everything was fine. Why would I question that?
I have since filed a complaint with the Dept. Of Labor.
Thanks for your time,
Mike

Did you tell your employer about the delay at the time? Have you spoken with the employer directly since the mistake was realized? It is questionable that the DOL will find an additional two week delay in submitting the medicals reasonable, especially if you waited until 2 days before the deadline to try and inform them of this. Since you have already filed with the DOL there isn't much to do besides wait for their decision. It might be worth a call to a lawyer to discuss your options based on the results.

I did let my employer know the reason for the delay. They said that I should have known to re-apply for FMLA before the due-date. I was never informed that this was an option at the time.
My wifes reumatologist would not fill out any paperwork without an updated visit. This is the reason that I couldn't just drop the papers by for him to fill out.
The automated denial letter is what made everything go wrong.
I figured this contracted company was representing my company. Therefore if they say "no problem", this is what I believed.

Thanks,
Mike

Was your wife not under a doctor's care at the time of your leave? If she wasn't treated or seen by any medical professional until a month after you began leave, then that time likely wouldn't be covered under FMLA. Did you finally get the forms in and did they support the need for leave from day one?

My wife has Adult Onset Stills Disease. She has been fully disabled for 3 years now. She is currently under the care of a specialist and Primary Physician. All the documents were faxed on the morning of the visit. Just like agreed upon. Two days later they sent my full approval for intermitted type FMLA. Again, the start date they approved was before the dates that were an issue and therefore should have been covered.
I appreciate the timely reponses.

Mike