FMLA rights

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kelly2546

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I work with the Georgia Department of Corrections. In July 2012 I was hospitalized for 2 weeks. During that time I was told once that I would have to fill out the FMLA paperwork. My employer never mentioned it again and never got me the paperwork to fill out. Now I went out on FMLA October 2012 and I filled out all the paperwork correctly, the paperwork for Fmla that they did not provide me with and I had to make a copy of someone elses and then white out all of his information and make another copy and then fill it out. I have been out for 6 weeks now. They have called me 30 times just in October alone and threatened me telling me that they were fixing to put me on Leave without pay, eventhough I have 4 months of leave built up, and then they are telling me that I have to come back to work on a certain day. And then they called and said that when I came back that I was going to another shift. Now they are saying that I do not have enough FMLA to take any more time, That when I was in the hospital I was automaticaly put on family leave after the first 3 days. But when I tried to get the FMLA paperwork from the buisness manager for this leave she said I would have to fill out the FMLA paperwork to get FMLA. And I have not recieved any paperwork from them what-so-ever. Nothing saying approved or any rules for FMLA or instructions that I have to follow. Everytime I go to the Dr. I fax them all the information the Dr. gives me that I ask for. This is starting to give me anxity attacks and I am now having to take Zantack for my stomach. All I want to know is if it is true that they could have put me on FMLA without my knowledge after the first three days in the hospital in July?
 
The employee bears the obligation to enroll himself (or herself) in the FMLA program for employer approval.

Everything you do regarding FMLA should be documented in writing. A telephone call won't do you much good, if a dispute later arises.

I suggest you write letters to the warden (or highest official) where you work, sending copied to all state officials (Governor, state senator, state rep), US Senators, US Rep, Director/Commissioner of your agency, human resource manager at your work location, human resource head for your agency.

Georgia DOL (links provided to US DOL)

http://www.dol.state.ga.us/em/employment_laws_rules.htm


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