FMLA & Franchise companies

What if you don't have an HR Department? My boss is the owner. Where I work is a Franchise though. I've always been afraid to go over her. I need my job and with the economy the way it is, it's hard to get something else right now.

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Originally Posted by luv What if you don't have an HR Department? My boss is the owner. Where I work is a Franchise though. I've always been afraid to go over her. I need my job and with the economy the way it is, it's hard to get something else right now.

Read through your employee manual and the policies and procedures they presented to you when you were hired. If it's a franchise, then I see nothing wrong with also contacting an office higher up, I don't know if they have regional offices or something, just to obtain information on how it all works. Also, as I told the poster who started this thread, you can go on FMLA, and you do NOT need an HR dept for that. Just go to your boss and ask for papers for your doctor to fill out. Normally, a company can fire you at will, for no cause, and they can even fire you for being out sick. But if you're on FMLA and they fire you for being out due to a condition for which you're on FMLA , then that's against the law.

can I still do that even if I'm going back to the office tomorrow? When I was out I was on State Disability. I don't think I'm going to be able to sit all day yet at my desk. I go to see my surgeon again tomorrow, so I'm already going to have to leave early, which won't make her happy since I've already been out for six weeks.

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Originally Posted by luv can I still do that even if I'm going back to the office tomorrow? When I was out I was on State Disability. I don't think I'm going to be able to sit all day yet at my desk. I go to see my surgeon again tomorrow, so I'm already going to have to leave early, which won't make her happy since I've already been out for six weeks.

Once an employee is on FMLA it is additional protection for that employee, and if managers interfere with your doctor appts it is a violation of federal law. So while you're at HR, ask about applying for FMLA status (which is 12wks a year unpaid leave), and how you can work your company benefit time into that. FMLA can be periodic and sporatic. For example, once I was on FMLA, I used an hour here or there for doctor appts, or to go home an hour early if I wasn't feeling well. My company is not employee-friendly at all, but they know enough not to fool around with FMLA laws.

http://www.dol.gov/dol/topic/benefits-leave/fmla.htm

Contains information about FMLA rules, so you have to go by that. But basically, you have to provide the employer with documentation from the doctor as to what your condition is and whether it may be intermittent or continous. You want it to say intermittent, which would cover doctors visits, and going home when you're fatigued or in pain, or coming in late. Usually the employer has a form ready made for that, and you give it to your doctor and they can fax it back to your employer. FMLA laws do allow you 15 days to get that form back, so you have time to do that. You'll have to read through the rules but tomorrow all you may need to do is give notification that you want to be on FMLA and get the blank paperwork to fill out.

Normally this sort of thing is done in advance, but it can be managed on short notice as well. With me, they had my surgery set only within a few days, so I didn't have that much notice for my employer. I went to work, clocked in, worked a couple hours, then on my break went up to HR and sat with a representative, and told them I'm having surgery and want to go on FMLA starting the day before my surgery, which was 3 days away. So she put me down for FMLA with an undetermined end date and handed me forms for my doctor. She said get them back in 15 days. During the beginning of my 3 1/2 week continous FMLA period I used available sick and vacation time, and when that ran out I was designed no pay, but still "excused" because of my FMLA status. (Which means, I cannot be written up for being out even though I exhausted my benefit time). I had my surgery, then at my 2 week post op, gave the forms to the front desk, they filled them out and faxed them back. I returned to work after 3 1/2 weeks, and during my first week I took off 1 hour one day, and 4 hours another day because I couldn't make it. Each time, I just notified my supervisor that I am going home on FMLA. I did not need to ask permission to do so, just to inform them that I was. As far as how much time you get it's 12 weeks, but that can be intermittent as I said, so if I went home 4 hours early, that would be 4 hours counted against the total 12 weeks allowed for FMLA per year.

Thank you so much for the great information

Additional information for FMLA -

One of the things to be aware of with FMLA is that it is not a mandatory policy for companies smaller than 50 people. Depending on the state there may be restrictions related to how long you have worked for the company as to whether you are eligible. Your company may not allow the use of intermittent FMLA unless it is for hospitalization or for specific treatments on a schedule.

FMLA is very complex so make sure you have accurate information for your company and your state.



G.