Fmla Leave Request For Cptsd

[data-washington]

Hello,
New here but I have a question about FMLA Leave Request for my diagnosis of cPTSD. My psychiatrist and my psychotherapist both filled out FMLA Leave Request paperwork for my employer 6 months ago. In these past 6 months whenever I have needed to take a day off I have been forced to use my vacation time because my employer still has not responded to my FMLA request. I have turned in all the paperwork to my Human Resources department and have asked them several times for a response but they still have not responded back to me with a decision or a resolution. So my question is basically about the time period in which my employer has to provide me with a decision. Six months seems a little excessive to have to wait and still not have a reply from my Human Resources department. In the meantime, being forced to use my vacation time instead of FMLA leave has left me with very little vacation time left. Do I have any legal recourse to ask my employer for a decision on my FMLA request so that I do not have to continue to use up my vacation time?
Thank you!

 

[Lucycat]

Sorry. For those of us in the UK - and elsewhere- what is FMLA?

 

[Deleted member 1860]

6 months seems a bit excessive. I would think that the law would specify how long an employer has to make a decision. Otherwise the employee could be strung along indefinitely, forced to use up vacation time, then forced to quit or be fired when the vacation time runs out, benefitting the employer in the end. This may be a question for a lawyer?

 

[StarChild]

New here but I have a question about FMLA

Welcome to the forum! I hope you don't mind, but English isn't everyone's first language here, for this is a global forum. So it would be very helpful to write words in full and to avoid abbreviations. (The more people comprehend your posts, the bigger the chance for you to get answers!) :)

 

[kahlan]

Fmla =family medical leave act...allows for short term leave of absence or intermittent leave for mediacal reasons personal or immediate family related.

That is a long time to have it strung out! I only know a little about fmla having used it for my maternity leave so don't know deadlines, but 6mos is excessive!!! Especially with two doctors signing off on it!!!

Good luck!!!

 

[kahlan]

Link Removed


I was curious myself after reading this so I checked. Some employers based on their requirements may make you use personal/sick/vacation time before you.can use fmla.

If your company has a corporate hr or compliance phone number, maybe try to find out there as well :)

 

[DMerish]

FMLA is the acronym for the "Family Medical Leave Act" which, in the USA, mandates employers with more than 50 employees to grant employees "leave" from their job so they may attend to their own health matter, or a health matter of an immediate family member. It's a federal law, that grants eligible persons up to twelve weeks of unpaid leave. State laws must conform to the federal law or institute a similar law that is more favorable to the employee. Link Removed

If I recall properly, the law states that the paperwork must be completed and received by HR (human resources) directly from a medical doctor; NOT the employee. If forms are submitted by an employee, their file may be marked so as to say "give the person time off when she/he asks" (i.e. allowing you to take vacation time whenever you feel it's needed/you want to). However, employee submitted forms for FMLA are often overlooked, not acknowledge and or forgotten because the do not conform to FMLA laws.

Employers nearly always have employees use their vacation (and/or sick time) before an employee uses their allotted FMLA time. There are several sound reasons for this. Your company's employee handbook or online references to your company's HR policies should outline things. Find the info and read it, or ask HR where to find/get the info. If there's a problem, you can go to your State's department of BOLI (Bureau Of Labor and Industry).

If FMLA paperwork is processed properly; if the employee returns to work after a certain amount of time, then the employer has to allow the employee to go back to their job or provide the employee with one that's the same/similar.

This happens to be an area associated with my job, so sorry to be so long winded :-o

 

[BewitchedBewildered]

Most companies allow a total of 13 weeks, but most companies require that any accrued vac be used to cover pay. Otherwise, FMLA is unpaid, it just guarntees your position or " a comprable position' within the company. You need to read your handbook, but 6 months turn around is unacceptable, probably illegal. You can also call your labor and workforce commission for questions.

 

[Deleted member 1860]

But, perhaps her file is on hold because she is still working through her leave time? If the company's policy is that where the employee must use up all other leave first, then that may be the reason for the delayed decision? If she's got a ton of time accrued and is using it slowly, then the company may not see the urgency in her case?

 

[WillowMarie]

When I took medical leave this past summer, my human resources said I had to contact the company that handles medical leave myself, that I couldn't do it through work. They use a company called Sedgewick. Once I submitted my paperwork there, they had to give me an answer within 5 days, I believe, if it was approved or not, then it was not active until 30 days after it was approved.

The company decides if I was approved (not my work) and they contacted my work.

I would definitely go higher in the company to see what can be done about it because six months seems like a long time. I would think they can give you an answer if it was approved or not, even if there is a policy about using sick and vacation first.


Just found this on the government FMLA website...! http://www.dol.gov/whd/fmla/fmla-faqs.htm

"(Q) How soon after an employee provides notice of the need for leave must an employer determine whether someone is eligible for FMLA leave?

Absent extenuating circumstances, the regulations require an employer to notify an employee of whether the employee is eligible to take FMLA leave (and, if not, at least one reason why the employee is ineligible) within five business days of the employee requesting leave or the employer learning that an employee’s leave may be for a FMLA-qualifying reason."

 

[DMerish]

But, perhaps her file is on hold because she is still working through her leave time? If the company's policy is that where the employee must use up all other leave first, then that may be the reason for the delayed decision? If she's got a ton of time accrued and is using it slowly, then the company may not see the urgency in her case?

Yes, company policy comes into play whenever someone is absent. Most companies, but not all, require an employee to use up their available sick leave, vacation, etc. before granting unpaid FMLA leave. Nevertheless, if the paperwork is filed properly then the five day response has to be made by the employer or their agent, i.e. a TPA (third party administrator) such as Sedgewick. It's the law.