CAN MY SUPERVISORS GET INTO TROUBLE FOR NOT GIVING ME FMLA PAPER WORK WITHIN2 DAYS?

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CAN MY SUPERVISORS GET INTO TROUBLE FOR NOT GIVING ME FMLA PAPER WORK WITHIN2 DAYS?

MY SUPERVISORS NEW MY SON WAS SICK AND WAS GETTING TESTING DONE TO FIND OUT WHAT WAS WRONG WITH HIM, I LOOKED UP FMLA AND IT STATED THAT MY EMPLOYER IS SUPPOSED TO OFFER ME FMLA PAPER WORK WITHIN A CERTAIN TIME PERIOD.

Asked on July 14, 2011 under Employment Labor Law, Idaho

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The most important thing is, did *you* ask for FMLA leave? Whether or not your employer or supervisors knew you son was sick, they are not obligated to do anything until and unless you request FMLA leave--they are not required to be mind-readers, and to know what you want to do. Once you request leave, if they don't followed the requirements, you could in theory contact the dept. of labor--though you're probably better off first trying to resolve the matter internally, quietly, and without conflict, such as by talking to Human Resources or a more senior manager. Remember also that not every company is covered by FMLA--it has to be over a certain size (I believe 50 or more employees in a 75- mile radius). Good luck to you and your son.


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