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FMLA forms Florida

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  • FMLA forms Florida

    I went to my HR department and asked for FMLA forms.The head of HR asked me what was this for. I thought I have the right to privacy and this could not be asked of me.The HR head says she has the right to ask me.
    Last edited by dayerb; 10-16-2006, 01:25 PM.

  • #2
    She does have a right to ask you. Part of the FMLA application will require medical certification. Additionally how is the HR head able to make a determination on approving/denying your application if the reason is not known.

    I agree confidentiality is important. Any prudent HR head would only disclose the information to necessary parties.

    What concerns do you have?

    Comment


    • #3
      Procedure was not right

      I still don't think she had the right to ask me.The forms are kept in an open reception area.THis area is an open area to anyone with a receptionist there also.In Florida I do not have to reveal medical information to them.Yes once I have the form filled out she will be able to make a determination.

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      • #4
        You can think as long as you like that she has no right to ask. But she does.

        And there is no law in Florida or any other state that gives you the right to withhold CERTAIN medical information

        Let me rephrase that. You certainly have the right to withhold the information.

        But in all states, including Florida, your employer also has the right to withhold certain benefits, such as FMLA protection, if you fail to provide it.
        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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        • #5
          I have to ask what should be obvious, but I didn't catch it, did they let you go before your FMLA had expired? I don't know if this will matter, but it may for the other senior members to help you more. I wish I could help, but I think this one is a little over my head. I am very sorry this happened to you, I can assure you, IF there was anything illegal that was done, the other senior members here will be able to let you know. I hope you find another job that you are very happy with!!

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          • #6
            And, mortarmom, I gave up on your post, because I couldn't wade through that huge block o' text. You will get more responses if you edit your post to add some paragraphs, at least.
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

            Comment


            • #7
              Originally posted by mortarmom505
              thank you very much .... for your assistance (everybody). I pulled my post off and am trying to edit it as much as I can, I just felt I needed to put enough detail in, but you are correct... it is way too much info to wade through. Sorry.....
              They put the official 'layoff' date for Oct 2nd. My return date was "Sept. 26th".
              thanks again and I apologize for the breadth of my post. This is really tough besides having my son in one of the worst areas in Iraq... which is far worse than anything else going on with me over here.
              Its ok mortarmom, we just want to give you accurate answers, and the easier it is to understand the situation at hand, the more true the answers will be, someone will be back with more to offer. I will pray for your sons safe return from Iraq, and for you!

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              • #8
                Thanks, please follow the attorneys advise whatever it may be.

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                • #9
                  Originally posted by mortarmom505
                  I spoke to an attorney I know who doesn't handle labor law but he's going to get back with me next week after speaks with a few colleagues..
                  If you do decide to consider legal action, I definitely recommend you get an attorney who DOES specialize in employment law. There are a number of us HR professionals with extensive experience who know more than most attorneys who don't specialize in this area.
                  I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                  • #10
                    ....and I can point you in the direction of a number of lawyers who will confirm that.

                    I've had attorneys who practice in other areas who had an employment issue come up with one of their clients (or with their employees) call ME to ask me how to handle it.

                    Don't assume that a real estate attorney, or a family practice attorney, or a tax attorney, necessarily remembers correctly what they learned in Employment Law 201 their second year of law school.
                    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


                    • #11
                      That's one thing we can't do, sorry. For liability reasons, we can't make direct referrals.
                      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

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