Legal Question in Medical Leave in California
The start date of 12-week FMLA:
I requested 10 weeks FMLA leave on 6/23/03 until 8/26/03 for my own serious health condition. My supervisor responded that ''approval of FMLA rests with HR'' & to contact HR, which I did. They sent me FMLA paperwork and I faxed it and the Physician's Certification back to HR, as instructed. My supervisor did not ask for the MD Certification. After I left for 12 days to see my family (7/6-7/18), she sent me a letter that if I didn't send the MD Certification, I would be terminated. After my return, on 7/22/03, COBRA informed me I'd been terminated. I phoned my supervisor & she instructed me send her a copy of my fax receipt. She'd never phoned HR looking for the paperwork. My termination was rescinded on 8/6/03 & she informed me FMLA was approved. On 8/25/03 my MD extended my leave until 10/29/03- 12 weeks from August 6th when it had been approved. Our company's P&P state FMLA does not begin until it is approved in writing by the manager but she maintains my FMLA began on 6/23. Tthough I was on medical leave beginning 6/23/03, since my supervisor didn't approve FMLA til 8/6/03- my FMLA period should be 8/6- 10/29/03. Do you know the precise law?
1 Answer from Attorneys
Re: The start date of 12-week FMLA:
There is a least one federal case that says that medical leave under FMLA does not have to be confirmed in writing to begin - that it can start when the leave actually begings. There are some regulations that say it begins when written approval is given but how courts will interpret this is unclear. Unfortunately, I cannot give you a definitive answer. Taking more than a total of 12 weeks off is very risky.
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