September 2014 Moms

FMLA Paperwork Issue

Sorry to start a whole new thread on this, but I want to make sure I have all my bases covered before going to HR. Last week, I asked my HR person if she had the paperwork for me for my FMLA 12-week leave. She said that she'd never printed out those forms before and instructed me to find the forms I need myself. Just to make sure I don't mess anything up, I emailed her today and said that my doctor said I needed to get the forms from her so that he could sign off on them. She just came in my office and said that she found the forms and they don't require a signature from me or my doctor or anyone in my office. That's definitely not accurate, right? Should I go to her and tell her that that doesn't sound right? If I didn't do anything from here, would my office still be required to hold my job / salary the same, since this is a mistake on the part of the company and not me?
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Re: FMLA Paperwork Issue

  • LTMamaLTMama member
    Yeah I don't think that's right?  My HR says FMLA requires a doctor's note verifying that I'm pregnant in order to qualify for FMLA leave postpartum.  There are a couple of women in my office having babies this year and everyone thought that was dumb (we're obviously pregnant), but that's the rule.
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  • Do you have a copy of the form she's talking about? My HR office sent me two forms - an internal one for me to do, and one from the Department of Labor with a section for my doctor to fill out. It's the first one under Forms most of the way down this page: https://www.dol.gov/whd/fmla/ She could be looking at a company form while your doctor is expecting the federal one.
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  • I have a FEDERAL document that I have to get signed 'Notice of Eligibilit and Rights and responsibilities' and a 'Certification of health care provider for employee's serious health condition'.

    Your HR person sounds incapable.

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  • This seems super inaccurate.  They have to see if you even 'qualify' for FMLA and in order to qualify you have to have a diagnosis (i.e. pregnant) that would render you unable to perform your job functions.  She be wrong, yo.
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  • I think she printed out the Notice of Rights and Responsibilities form but nothing else, because that one doesn't require a signature - just a date that I told the company I'd be using leave and the date that my leave officially starts. I printed out the WH-380-E and will show it to her, because I'm pretty sure that's the one I need filled out for sure. I'd rather not take my chances and have my boss be all, "Surprise! Your job is gone because you didn't double check on this!" Man, I'm glad I didn't just take her word for it.
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  • dal2aus said:

    While most employers require some type of formal paperwork, the law does not require them to do so.  Most employers use the forms provided by the DOL (you can find them on the website) out of convenience.  Also, the law does not allow employers to ask for more information than is asked on those forms, so using the DOL forms is an easy way to stay within the law.  The law also does not require employers to ask for medical certification, although most do, since it gives employers documentation to ensure that they are consistently applying the law and prevents FMLA abuse on the part of employees.  Remember, FMLA is not only for the medical condition of childbirth, it is also for the care of a child after the birth or placement for adoption or foster care.  Therefore, you would not have medical certification for the latter, although the employer could require a birth or adoption/foster certificate or order showing proof of birth/adoption/placement. 

    While use of actual forms is voluntary on the part of the employer, the lack of forms does not absolve an FMLA-covered employer from its legal obligation to grant FMLA leave to an eligible employee for an FMLA-qualifying condition.  Also, once you notify your employer that you are experiencing a potential FMLA-qualifying condition, it is the employer's legal responsibility, and not yours, to know your entitlement status to FMLA leave.  Your employer is required to then notify you of your FMLA eligibility.

    Therefore, the #1 thing that you need to do to protect your rights is document, document, document.  Be sure to document when you told your employer of your pregnancy, and any discussions you have had with your supervisor or HR regarding your intended absence and return dates.  Also, be sure to check your company's handbook to make sure that there are no instructions or guidelines regarding the proper notification procedures and that you have followed them.  Finally, document what HR has told you so far regarding the process.  Finally, if it makes you feel better, you can download the forms from the DOL website yourself and give them to your doctor to complete, and return them to your employer.  Your employer is not required to complete or sign those forms.

    Source:  I'm a PHR-certified HR professional, working in Comp & Benefits at a Fortune 500 company.

    Thank you so much! I'll go ahead and send the forms to my doctor to cover my bases. It's nice knowing people who know things, because heaven knows I'm clueless about a lot of this stuff.  :x
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  • I have to have forms filled out to get leave donated to me but to use FMLA, all I am required to do is tell them that I am invoking FMLA for birth of a child.

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  • Sounds like you need a new HR person...
                                                                                      
  • I know I needed a Dr to sign my FMLA paperwork for DD1 and I needed them to sign paperwork for short term disability which is the only maternity leave pay you get in PA
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  • I came here to say pretty much exactly what @dal2aus‌ said. So do what she said :) It's completely true that it's up to the employer to decide what information they require from the employee. However, to cover all your bases I second the "document, document, document" comment if you're concerned. The WH-380-E is the correct, standard, form if you want to go that route.

    Side note though...if you're getting any sort of disability pay, there will be a form for that.

    Also might be worth mentioning that not all employees/employers qualify for FMLA coverage. But if you got the rights and responsibilities letter I would assume you do.

    I'm also PHR certified and work in comp and benefits, though not for a Fortune 500 company :)

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