How do I protect myself under FMLA if a paperwork error resulted in my claim not being filed on time?

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How do I protect myself under FMLA if a paperwork error resulted in my claim not being filed on time?

My company’s FMLA administrator sent me a email dated 7/28 stating that my claim was approved from 6/16 through 7/16 and that if I needed it to be continued past 07/ that I needed medical information sent within 15days. My primary doctor faxed the information to their offices on 8/5. On 8/10 the company that administers FMLA approval called me and stated that the doctor did not put a return to work date. I had my doctor re-fax the information on 8/17. I got email notice today that the claim was denied because the fax was not received within the 15days. I called their offices and was told that my case would have to be reviewed by a supervisor. What date should I have them look at as to the date paperwork should have been received? My employer has also sent me a letter stating that if I do not return to work immediately with a doctors note it will be considered a voluntarily resignation. What steps can I take to protect myself?

Asked on August 20, 2010 under Employment Labor Law, Illinois

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You need to write a letter to your employer and the FMLA administrator or what ever offices told you that you were denied and set out the chronology of events, whom you spoke to and what happened.  Indicate to the FMLA people that the claim was timely filed and faxed twice (dates?  can you get a letter from the MD indicating that they faxed it timely?) and that their denial of your claim is against the law.  That you have no intention of resigning and that if your employer proceeds with terminating you as against your rights under the law you will seek court intervention.  Then see an employment attorney immediately.  Good luck.


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