FMLA Violation?

[kvostad]

I have had to file for FMLA leave. I work for Hilton Hotels. They have approved my leave and I am within the prescribed deadlines for the medical certification.

But, they want me to sign an "contract" stating my conditions and they want me to report every three weeks. They also want me to repay to them all the insurance they have paid in my abscence if I don't return by January 25th to my desk. There is no protection for me in this document if I need more time and they told me all I had to do was ask. They have allowed at least three employees that I am aware of to take 6 months.

Do I have to sign terms and conditions?

 

[Patricia_Young]

No, you don't need to sign. Could you legally be fired for not signing? Probably.

I can say that they cannot require medical recertification any more frequently than every 30 days. However, they can certainly require that you check in every 3 weeks and let them know how things are progressing and if anything has changed, IF they require that of employees on non-FMLA medical leaves.

Relative to the insurance, the FMLA does allow them to recover the premiums under certain circumstances. Unfortunately, the DOL compliance guide for FMLA is under revision and the most current one prior to that is not available online right this moment.

In some instances, the employer may recover premiums it paid to maintain health coverage for an employee who fails to return to work from FMLA leave.

http://www.dol.gov/esa/whd/fmla/finalrule/whdfs28.pdf

 

[kvostad]

Thanks for the response. I am very uncomfortable with the language in this thing. I don't want to sign it. If they fire me for not signing...then I get an attorney?

 

[Patricia_Young]

They can require you to sign it. Legally. What are you so concerned about? Are the policies really that onerous?

I actually don't see this as a contract. I see it as a statement of the conditions of your leave, all of which are legal conditions.

 

[theretoo]

http://www.cooperlawoffice.com/

No, under CA CFRA law, you DO NOT have to disclose to your employer your medical information. I am not sure what part of CA you live in, but the atty on the link will talk to you and will answer your questions for you.
Do not sign anything or disclose any medical information to your employer without talking to an employment law atty who only handles the employees side of things.