Legal Question in Employment Law in Florida

Fired for not returning fmla packet within 15 days

My employer gave me an fmla packet for my doctor on 4/13/09, I was not told I had 15 days to return it I was simply handed the packet. I had every intention to have it filled out but didn't know there was a deadline I was hospitalized on 4/28/09(the 15th day) untill 5/1/09 I returned to work on 5/2/09 and was terminated for not having the packet done NEVER was I told that I would be fired if I did not have it by a certain date! aren't employers required to explain the consequences (termination) for not having the paperwork back within the 15 day period?


Asked on 5/07/09, 4:53 am

1 Answer from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Fired for not returning fmla packet within 15 days

Well, yes -- but they say that they did, you say that they did not. It's a swearing match. The paperwork may say something. Company policy (the employee manual) may provide the information as well. Frankly, 15 days to get the paperwork to them when you are out the entire time is pretty generous. I am surprised that you did not get the paperwork to them sooner. I'd call and see about a second chance, but you are not in a very sympathetic position here. Many would require the paperwork first. If you do ask, get the paperwork filled out ahead of time.

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Answered on 5/07/09, 5:28 am


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