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overseas fmla Arkansas

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  • overseas fmla Arkansas

    Just curious...if I went overseas for the first time and caught something that made me seriously ill...can I stay overseas until I'm recovered with fmla or do I have to come to the USA to get recovered to get fmla? Would I have to contact my HR or is there someone else?

  • #2
    Where overseas would you be working? The Department of Labor administers the FMLA only with respect to employees employed in the United States, including the District of Columbia and any territory or possession of the United States.
    I am not able to respond to private messages. Thanks!

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    • #3
      You would certainly need to contact your employer. Regardless of where you are, they need to know what's going on if they are going to provide any kind of protection.
      The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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      • #4
        Agree with cbg - this is something you would need to contact your employer/HR
        about.
        Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

        Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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        • #5
          I should probably clarify...sorry...

          What I meant is that I've worked at this company for a year and a half and I do meet the requirements on qualifying for fmla. I work in the states and do not travel for my job. If I were to go on a vacation for two weeks (overseas), then ate something that's gonna make me ill or if I caught some kind of disease and I'm being treated there, that should qualify for FMLA...no..? If it does so, is it required that I would have to get treatment in the United States? The FMLA forms could be faxed, right? Or does it have to be sent through mail...which could take a few weeks...

          Anyways, I've never been oversea and I'm a bit paranoid in catching something due to different atmosphere or sanitary issues....etc.

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          • #6
            You're getting a little paranoid here, too. IF you are too ill to return to the US there is nothing in the FMLA statute that would void your protected leave if you stayed where you were. But if I were you, I'd waste less energy worrying about things that might never happen and spend more of it taking reasonable precautions. Every member of my family except my mother has spent time overseas (my sister and two of my brothers have lived overseas) and not one of them has ever come down with any kind of FMLA-qualifying illness; nor did I.
            The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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            • #7
              I'm paranoid because the country I'm going to is Vietnam....I won't be in the city much...more likely the country/village side. Well, I appreciate it a lot! Thanks for your time and replies!

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              • #8
                And one of my brothers spent at least three months in Nigeria.
                The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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                • #9
                  I just read a posting on another board from an employer asking this same question but from the other side. How weird is that?

                  But in that case, the employee had requested time to visit relatives and was given partial time approval. So the employee got there and then claimed sickness and FMLA and wanted to stay the full length of the original request.

                  You aren't by chance thinking of doing so to stretch out your approved time off? If so, I don't suggest you do so fraudulently because yes, the employer has the right to ask for the same paperwork as if you were here in the US. And can terminate you for fraudulent use of FMLA.

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                  • #10
                    Originally posted by hr for me View Post
                    You aren't by chance thinking of doing so to stretch out your approved time off? If so, I don't suggest you do so fraudulently because yes, the employer has the right to ask for the same paperwork as if you were here in the US. And can terminate you for fraudulent use of FMLA.

                    Um....wouldn't I have to have proof anyways, regardless if it was in the states or outside? I'm just trying to prepare for unexpected situation. I'm extremely paranoid because it is going to be...a new world and i've never been out of the usa. I'm not in the place to want to lose my job--goodness no. I'm just wondering about the fmla because I've never taken it and as i searched up info online about the country....geezz...i wish that they didn't include type of diseases on there....

                    Also, is it even possible to lie on your fmla papers without getting caught? I mean, to get it, wouldn't you have to have an actual doctor's note/certification and proof of your illness, hospitalization, etc??

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                    • #11
                      Yes, you would. But doctors have been known to cooperate in getting unauthorized leave for people; it is also possible to get doctor's notes off the internet.

                      That is why it is now legal for an employer to confirm directly with the doctor. But that's not as easy when the doctor is overseas.

                      But I truly believe that you are making something out of nothing and getting yourself all worked up over something that's not going to happen.
                      The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

                      Comment


                      • #12
                        oh my...i didn't know that doctor's notes can be retrieved online nor do they give unauthorized leave. even if i did get myself into that situation...as long as i can provide a number for HR to contact them directly...i guess it won't be a problem.

                        but yeah....i'm just getting myself overworked for nothing. lol. but i do appreciate the time and help with this topic. thanks everyone, especially you, cbg!! ^_^



                        ...by the way...i guess unauthorized leave is believable (i mean, i didn't know), but doctor's notes online??? wow...that shouldn't even be a reliable proof...at least not to me anyways lol.

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                        • #13
                          VietNam is not the third-world country it was 40 years ago.
                          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                          • #14
                            You're right - it shouldn't. But until the law was changed to allow direct contact with the doctor, the employer was pretty much stuck accepting it unless they went through a whole twisted rigamarole involving other doctors used as intermediaries and hoping that things didn't get lost in the translation. Unless they could PROVE that the note had been acquired from an online service and not from a real, treating physician. And the change in law is pretty recent.

                            A friend of mine tells a story about needing a doctor's note for something (some company policy or other, I forget the details); going to her doctor to ask for the note and having him ask her, "Sure, how many days off do you want?" Since she is also in HR, she was pretty horrified and tells that story as a warning to other HR professionals to look carefully at what they receive, and to ask the right questions.
                            Last edited by cbg; 12-30-2010, 01:33 PM.
                            The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

                            Comment


                            • #15
                              Wow....maybe a few doctors believe that they can do whatever since people are paying them?? It's not right and it probably could cause them a big problem. But yeah, wow, I didn't know that...I guess the law is just a bit weird sometimes...

                              Also, I know that vietnam isn't the third world country it was 40 years back; keep in mind though, that there are still a few part of that country is still a "third world". I know because I have relatives there that are from both city and village... I just haven't met any of them. Lol

                              Thanks everyone. Please have a safe and happy new year! Don't work too hard!

                              Comment

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