Sep 11, 2006
I need some help from you regarding FMLA leave. I'm so confused right now, I don't know what to do. I was recently diagnosed with cancer and am undergoing chemotherapy. I have worked for the state of Tennessee for 25 years and have plenty of annual and sick time accrued, 400 annual hours and almost 300 sick hours. Here is my dilemma. I was off after having a chemo treatment for 15 consecutive days using my sick time. On August 15, I received a letter in the mail from my personnel manager stating that I was put on FMLA leave effective August 11. I was shocked, I had no clue what this meant, nor did I want to be on FMLA leave since I had plenty of sick and annual hours in addition to being a member of the sick bank. I was told by the personnel manager that I had no choice, that it is a Federal law that when an employee is out 15 consecutive days they are automatically placed on FMLA. I don't understand this policy and no one can show me where it is stated as such. This is not benefitting me at all at this time as a matter of fact it is doing just the opposite. Once I exhaust all my sick and annual, if I do, I would at that time, have chosen to apply for FMLA. By automatically putting me on FMLA now, I could not do so, due to that fact that it is in effect until August 10, 2007. I don't understand how this can happen when I have not requested FMLA nor was I aware that I was being put on it, I never signed anything or filled out a form or anything. I told the personnel manager that I want her to rescind this FMLA leave but she said that she cannot do so. If it's law, then it's a law, but I don't believe it until I see it in writing, since I have spoken to over 5 different people from Personnel and get a different answer each time. Is it a mandatory law? What should I do?
Response from Ms. Franzoi
The Family and Medical Leave Act of 1993 (FMLA) is a federal law under which employees gained new flexibility in dealing with health issues affecting them and theioor families. Your employer is just following the FMLA guidelines. This is legal and the way employers handle medical leaves.
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