What to do if my employer is refusing to send me the FMLA form?

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What to do if my employer is refusing to send me the FMLA form?

I thought this was a federal law? I am out of sick due to recent hospitalization.. thanks

Asked on April 10, 2012 under Employment Labor Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

FMLA is a federal law. Assuming that you and your employer are both covered by it--

Employer: at least 50 employees within a 75 mile radius

You: you've worked at least 12 months for the employer, and have worked at least 1250 hours during the prior 12 months

--then you have the right to take unpaid FMLA leave, and the employer may not prevent you from doing so simply by refusing to provide forms. Below are links two helpful fact sheets put out by the U.S. Department of Labor, detailing eligibility as well as employee rights and responsibilities. If your employer will not provide leave or retaliates against you for requesting  leave, you could file a complaint with your state department of labor or the U.S. Department of Labor, or retain your own  attorney to bring legal action.

http://www.dol.gov/whd/regs/compliance/whdfs28.pdf

http://www.dol.gov/whd/regs/compliance/posters/fmlaen.pdf


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