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Is signing up for FMLA Comulsory?
Jan 30, 2012

Hi! I have some physical issues (arthritis, fibromyalgia, heart) but haven't missed any work because of my condition, nor do I plan on doing so. The HR department of the company I work for approached me telling me I needed to complete the paperwork for FMLA because of my "condition". I politely declined stating what I just wrote; never missed and never plan to miss work. I proceeded to (paraphrasing) be told how dumb and misguided my decision is and I was strongly urged to reconsider.

My question is, I have every right to refuse FMLA, right? Does an HR department have the right to approach the employee and demand compliance?

Thank you

Response from Mr. Chambers

If your employer is large enough and you have been there long enough and worked enough, there is no choice. You are automatically under FMLA.

I have never heard of anyone having to "enroll" in FMLA. Paperwork for FMLA is usually only required when you are taking time off work. Is there a chance that you are taking some work time off to see the doctor now and then. If so, your employer may be applying that time off to the twelve week annual limit for time off under FMLA.

Otherwise I'm at a loss of what you were being asked to sign. You may want to ask you HR department for clarification.

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