QUESTION
Can I sue my Work (Not Employed), My Doctors Office or the Agency covering the FMLA? from being Terminated.
Asked on Aug 22nd, 2011 on Labor and Employment - West Virginia
More details to this question:
I was out of work from July 1st through July 13th. My work called the agency on Saturday telling them to put me on FMLA without notifying me until the following week. the Company never called me or sent me mail. The Emergency Room Doctor said the follow up doctor fills out FMLA Paper work. I went to my followup doctor who said he will fill it out since it is still an ongoing medical issue. I contacted the agency covering FMLA regarding why I had not received anything in the mail. They said it was sent on Tuesday the 5th. I had received no paperwork. I told them to fax it to the doctors office. They Faxed it on July 15th to the doctors office. When I went to the doctors office I asked them if they had received it and they said they had. I then asked them if they had anything for me to sign and they did. I signed what they gave me to sign and said they would fill it out. It was turned in on the 27th of July and the cut off date for turning in my FMLA was the 26th of July.
1 ANSWER
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I'm not completely sure I understand what happened here, but I can give you some very general information. First, you probably can't sue the doctor's office since it seems to me they did everything they were required to do. In many cases, an employer uses a "third party administrator" to handle FMLA and other medical leave matters. If the "Agency" you refer to is a TPA for the employer, it looks as though the TPA did what it was required to do as well. Under the FMLA, an employer may treat a medical absence as FMLA leave time, and your employer apparently did that. Though you mention "being terminated," you haven't really given me enough facts to allow me to give you any guidance on that.
Answered on Aug 22nd, 2011 at 8:41 AM