Question:

I have missed a lot of work and I am afraid to be fired

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Right now, my supervisor is acting like everything is cool. I explained to her that my husband has been in and out of the hospital (including 10 days in ICU) and he has some follow-up surgeries.

She told me to get a note and all should be good.

Should I request FMLA documents to cover my butt? Does FMLA go back in time or is it only for upcoming future events?

I know I should talk to HR but I want to inform myself some before I do. thanks.

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4 ANSWERS


  1. If his health issues are likely to continue, I'd fill out the FMLA documents.  They are not retroactive so will not cover past absences.


  2. It sounds like your situation qualifies for FMLA.  It is actually your employer's responsibility to designate the leave as FMLA.  It is your responsibility to provide the documentation that they request.  You certainly have the right to discuss this with HR, and ask them how they designated the leave.  But they MUST designate the leave as FMLA within 48 hours of you taking it.  Otherwise it is just an excused absence.

  3. get a note from his doctor stating that he has been under a doctors care from X day to X day.....if you would like to go into further detail with this you can but anyone with morals would not expect you to...take it to hr and have your supervisor present....if you have a good work ethic and are not known for laying out of work unexcused or otherwise then you should be fine....yes your situation qualifies for fmla and you should not be questioned on this....sounds like you have enough to worry about so dont worry about this right now

  4. To the extent that you are helping your husband during his illness, you should be able to qualify for FMLA leave, which would give you time off from work and a guaranteed return to your job.  Pursue this by requesting FMLA leave in writing with your company.  To make sure that your request is not ignored, I suggest that you send it to your supervisor or manager with a copy to the HR department.  Your company will then respond in writing and tell you whether the leave you requested is FMLA leave or not and what documentation they require, if any.  

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