Legal Question in Medical Leave in Indiana

do they have to notify you or you notify them when you want to start using FMLA

Does an employer have to notify you when they are putting you on FMLA or do you have to notify them that you want to be put on FMLA? The reason I am asking is because my husband was but on FMLA in April of 2003 for almost 3 weeks. Then again in July of 2003 until August 8th of 2003. During August of 2003 and December of 2003 he was getting chemo treatments. The total number of days he was getting treatments was 12 days. He was not notified he was being put back on FMLA during those times. He informed his employer he wanted to take those days off without pay, but they used them as FMLA days. Can they do this? There was no notification from his employer about them using his FMLA days. He was terminated from his job because he had used up all of his FMLA days.


Asked on 1/29/04, 5:12 pm

1 Answer from Attorneys
Mary J. Hoeller, R.N., J.D. Attorney At Law

Re: do they have to notify you or you notify them when you want to start using F

Generally an employer can use up fmla days in the way that was done here. However, you need to consult with an attorney because it seems fishy that he didn't know and used up too many days. Mary

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Answered on 1/29/04, 5:27 pm


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