Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements

Announcement

Collapse
No announcement yet.

Can employer force FMLA paperwork for a couple of hours off work Washington

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Can employer force FMLA paperwork for a couple of hours off work Washington

    Hi,

    I need an urgent answer. Just got call from Hubby's mom's surgeon that she needs surgery in the morning. Hubby is her POA and has to sign consent form. He told employer he would need to be off in the morning and they told him he has to get the FMLA paperwork filled out by the surgeon or else.
    This seems to be a form of harrassment as he only needs to be gone a few hours in the morning. I could see this happening if he is going to need intermediate time off for her care but we aren't there yet.

  • #2
    This is not a form of harassment. The employer has a legal obligation to designate as FMLA leave, any leave that qualifies. The situation that you've described could potentially fall under FMLA. Your husband does not get to decide what does/does not qualify. Has he missed other time already to care for his mother?
    I am not able to respond to private messages. Thanks!

    Comment


    • #3
      FMLA is not optional. If the employer, the employee and the medical condition all qualify for FMLA, the employer is required by law to at least tentatively designate the leave as FMLA and to notify the employee of the potential FMLA protections. Unlike the ADA, where the responsibility to request an accommodation is on the employee, the FMLA statute places the responsibility on the employer to notify the employee of the FMLA protections. Thus this is not a matter of harassment, but of the employer following the law.
      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


      • #4
        This might or might not be FMLA situation but it could be a potential one. If it is, then necessary paperwork will be completed.

        As Marketeer asked, has your husband missed work at any other time to care for his Mother? Thanks.
        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.

        Comment

        The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.
        Working...
        X