Is it possible to file for FMLA for days that have recently passed?

I was terminated before I was given time to talk to my employer about my FMLA. On the 15th, I called out of work in order to see a physician about a condition that needed immediate care. Today was my first day back. At my earliest chance, I spoke with the manager about the condition, and told him that it will require multiple visits. I’ve taken FMLA leave in the past for this condition, so he is aware of the severity of the condition. When my direct supervisor arrived, around the end of my shift, she immediately called me to my office and explained that my employment had been terminated. The Department of Labor says this about the following about the FMLA: “When you need FMLA leave unexpectedly for example, if a family member is injured in an accident, you MUST inform your employer as soon as you can”. I turned in my work-slip the same day of the first absence. I did not explicitly mention that it was for my FMLA condition”.

Asked on February 19, 2016 under Employment Labor Law, Alabama

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

d on what you have written, you unfortunately seemed to have failed to have timely notified your employer of the need for FMLA leave, since you did not tell the employer you needed FMLA when you returned to work ("I did not explicitly mention that it was for my FMLA condition.") That being the case, it is likely that FMLA would not be found to protect you; FMLA generally cannot be asserted after the fact, but must be asserted/applied for in advance or, in the case of an urgent/emergency condition, as soon *as possible* on return.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.