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

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


    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!


    • #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.


      • #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

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