Legal Question in Medical Leave in Pennsylvania
Fmla
I broke my ankle, had surgery and will have to have physical therapy. My employer is refusing to approve FMLA because I was 3 days late getting the signed certification into their office within 15 days. I even called to say there was a delay in getting the papers from the doctor office and was assurred there was no problem. As soon as my spouse was able to pick them up, my father hand delivered them to the human resources office. I got a letter several days later stating FMLA was denied because I did not get them in within the 15 days. I called and reminded them about the previous phone call saying the papers may be a few days late, that it was okay, but now they don't recall that! Told me not to worry as FMLA denial only means that my absence will be counted as an occurrence on my performance evaluation and that my job is protected by my union at the hospital. Can they do this or should I contact my union?
1 Answer from Attorneys
Re: Fmla
Contact your union. Then go and contact an experienced labor & employment attorney. Typically, the union can only work within the confines of their Agreement. Although this usually contains the best of available job protections, it also usually will not encompass FMLA issues. That is why you need to find an attorney who regularly handles labor & employment matters to consult.
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