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Employers Forms Versus Standard State Workers Comp and Federal FMLA Forms

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  • 01-22-2007, 06:16 AM
    raidernick
    Employers Forms Versus Standard State Workers Comp and Federal FMLA Forms
    The Company I Work For Has Stated That You Must Use Both Company Forms For Fmla Leave, And If You Want To Designate Your Own Doctor For Workers Compensation Injury. They Are Saying You Can Not Use The Federal Form For Fmla, Or The State Of Calif Form For Designation Of Doctor In A Workers Compensation Injury.
    Who Do I File A Complaint With. The Company Forms Ask More Questions Then The Federal And State Forms.
  • 01-22-2007, 11:31 AM
    mlane58
    Re: Federal Fmla Forms & Designation Of Your Own Doctor For Workers Compensation In C
    Quote:

    Quoting raidernick
    View Post
    The Company I Work For Has Stated That You Must Use Both Company Forms For Fmla Leave, And If You Want To Designate Your Own Doctor For Workers Compensation Injury. They Are Saying You Can Not Use The Federal Form For Fmla, Or The State Of Calif Form For Designation Of Doctor In A Workers Compensation Injury.
    Who Do I File A Complaint With. The Company Forms Ask More Questions Then The Federal And State Forms.


    Can you be clearer please and don't capitalize each word, it makes it hard to read.
  • 01-22-2007, 11:41 AM
    Mr. Knowitall
    Re: Federal Fmla Forms & Designation Of Your Own Doctor For Workers Compensation In C
    It sounds like the OP doesn't want to use his employer's forms either to request FMLA leave, or to designate his own physician for a worker's compensation claim.

    For the FMLA issue, the federal forms are optional, and I'm not sure what can be made of the complaint without knowing what additional information has been requested.

    California does have a standard form to pre-designate a doctor, but again without knowing what additional information the employer wants it's hard to know what to make of the inquiry. If there is no material difference between the forms, it seems to make sense to use the employer's form to minimize the chances of a future dispute of the predesignation, although I suspect an employer would have a very hard time claiming that receipt of the standard form was not a sufficient predesignation of a physician.
  • 01-23-2007, 07:22 AM
    mlane58
    Re: Employers Forms Versus Standard State Workers Comp and Federal FMLA Forms
    Agreed. When the OP states "They Are Saying You Can Not Use The Federal Form For Fmla" In California, employers have a different form that doesn't ask specifics of the illness as Doctor's are not required to answer. As for the Workers Comp forms I agree that we don't have enough info from the OP on this to figure out how to advise.
  • 01-23-2007, 12:13 PM
    raidernick
    Re: Federal Fmla Forms & Designation Of Your Own Doctor For Workers Compensation In C
    The company is saying that I can not use any Govt. ( federal or state of Ca.) form, that I must only use the Company form for Fmla, and for designation of personal physician in case of a workers compensation injury.
    You are correct that I do not want to use the company forms since they ask more questions then the Federal (fmla), and State of Ca. (DWC # 9783).
    This employer does everything it can to make it hard for employees to excise their rights when it comes to fmla, or being able to designate your own physician. I'm not a game player when it comes to fmla I have had perfect attendence for numerous years, but right now my wife is seriously ill.
  • 01-23-2007, 02:10 PM
    mlane58
    Re: Federal Fmla Forms & Designation Of Your Own Doctor For Workers Compensation In C
    Quote:

    Quoting raidernick
    View Post
    The company is saying that I can not use any Govt. ( federal or state of Ca.) form, that I must only use the Company form for Fmla, and for designation of personal physician in case of a workers compensation injury.
    You are correct that I do not want to use the company forms since they ask more questions then the Federal (fmla), and State of Ca. (DWC # 9783).
    This employer does everything it can to make it hard for employees to excise their rights when it comes to fmla, or being able to designate your own physician. I'm not a game player when it comes to fmla I have had perfect attendence for numerous years, but right now my wife is seriously ill.

    If the company forms meet the guidlines of federal/state requirements for FMLA and/or workers comp, then the company can mandate you use those forms. There isn't anything illegal about it.
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