QUESTION
How long should it take for HR to determine if i am approve for FMLA, after they receive my forms
Asked on Dec 25th, 2016 on Labor and Employment - Georgia
More details to this question:
I have 2 bulging discs in neck, and 2 collapsed disc as well. I 've done 7 weeks of physical therapy, with no change in condition. Dr. requested surgery from insurance company twice, and was denied, because they say MRI shows no nerve is being compressed. Right arm hurts, constantly with numbness. Blood pressure is high, because of constant neck pain and arm. I am currently taking 3 blood pressure medications, along with 2 muscle relaxer medications, and medication for high cholesterol. I am currently in doctor restriction, to not lift anything over 10 pounds. My job says they don't accept restriction, I stand on my feet from 37 to 38 hours a week. Customer service/cashier..I am in constant pain, but pain medications makes me nausea, dizzie and weak, so I can't take it at work. I put in for Intermittent FMLA, with HR, told I qualified, but told me it's going to take 7 to 10 days to get approved. I am very depressed, because of all I am going through, from the illiness and the denies.
1 ANSWER
Labor and Employment Attorney serving Atlanta, GA
2 Awards
The employer has 5 business days to tell you whether you are approved for the leave. Here is what the US Department of Labor says:
ELIGIBILITY AND RIGHTS AND RESPONSIBILITIES NOTICE REQUIREMENTS Employee eligibility is determined, and notice of eligibility status must be provided, the first time the employee takes leave for an FMLA-qualifying reason in the employer’s designated 12-month leave year. The eligibility notice may be either oral or in writing and must: • Be provided within five business days of the initial request for leave or when the employer acquires knowledge that an employee leave may be for an FMLA-qualifying reason; • Inform the employee of his or her eligibility status; and • If the employee is determined to be not eligible for FMLA leave, state at least one reason why. The eligibility notice is not required for FMLA absences for the same qualifying reason during the same leave year or for FMLA absences for a different qualifying reason where the employee’s eligibility status has not changed. If the employee requests leave for a different qualifying reason in the same leave year and the employee’s eligibility status has changed, the employer must notify the employee of the change in eligibility status within five business days. Each time employers are required to provide the eligibility notice, they must also provide employees with a rights and responsibilities notice, notifying employees of their obligations concerning the use of FMLA leave and the consequences of failing to meet those obligations.
Here is the web address for the information: https://www.dol.gov/whd/regs/compliance/whdfs28d.pdf
Michael A. Caldwell
404-979-3154
Answered on Dec 28th, 2016 at 4:01 PM