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What's the employee/employer responsibility for an exempt, key employee, requesting FMLA for a skin contracture surgery?

Mobile, AL |

Ask employer for FMLA for surgery. Due to a work obligation, I ask my employer which date would be best for surgery and FMLA by e-mail (in19 days or 33 days). Employer told me verbally , surgery in 19 days in which I scheduled. I have not received anything regarding FMLA in writing from my employer (ELIGIBILITY AND RIGHTS AND RESPONSIBILITIES NOTICE REQUIREMENTS). I did email what the surgery was for, expected time of recovery and request for FMLA. Can I be fired or denied rights associated with FMLA since my employer choose the 19 days notice? Am I exempt from receiving a 5 business day eligibility, rights and responsibility notice? I've been employed for 6 years and work about 50 hours a week (called in 2x in 6 years) Employer has 250 employees.

Attorney Answers 1


  1. An employer must give you an answer on your request for FMLA within 5 business days of your request. They may ask for clarification or verification of the need for leave. If they approve your request which you make in advance, you are protected from discrimination or retaliation which may occur even prior to when you are actually qualified to take the FMLA leave. If you employer fails to give you notice within five days then you are approved for the leave. You cannot suffer any adverse employment action as a result of requesting protected leave. If you believe that is occurring you should consult an employment attorney as soon as practical. You can find one by using the find an attorney tab here on Avvo. Most employment attorneys will give you a free initial consultation.
    Best of luck!

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