U tell ur employer U need 2 go on FMLA or Vacation due 2 ur wife having a baby, but 3 weeks past n u don’t fill out the paperwork

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U tell ur employer U need 2 go on FMLA or Vacation due 2 ur wife having a baby, but 3 weeks past n u don’t fill out the paperwork

Can u be terminated by your employer if you don’t call into work that morning due 2 the fact ur wife has a baby. U walk into work later tell your boss that U will go on FMLA or Vacation for 2 weeks. Ur boss tells u 2 come back n talk to HR. U don’t contact HR until 3 weeks later and U call and they tell U, we’ve tried reaching u, u haven’t filled out any forms letting us know what ur planning on doing, you were scheduled to come to work for 2 weeks and u never called or came in. Can U be termnated because u didn’t fill out the forms?

Asked on June 4, 2009 under Employment Labor Law, California

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Probably.  On what you've told us here, it doesn't sound to me as if the employer violated your FMLA rights, in the words of the courts, you slept on those rights.

You can consult a labor lawyer in your area, to review all of the facts of your case (including the ones you might not have mentioned here).  I'm not a California lawyer, and your job is too serious not to follow up on this.

But don't wait, this time, please!  You probably will have to schedule an appointment some time in advance, and the longer you wait, the smaller your chances of success will get.  The law tends to be much more helpful, when you don't let time pass when there are forms to be filled


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