Legal Question in Employment Law in Florida

termenated for not bringing fmla paperwork back 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, 4:49 am

1 Answer from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: termenated for not bringing fmla paperwork back 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. 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, 5:27 am


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