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What Happens if I Don't Sign Non-FMLA Form

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  • 11-19-2008, 11:56 PM
    lunabluize
    What Happens if I Don't Sign Non-FMLA Form
    My question involves labor and employment law for the state of: Colorado

    To make a long story short. I had a slip and fall workers' comp case in August 07. I was put on FMLA (fractured right elbow). I missed about 8 weeks of work. After the accident, I cut back my hours. I've worked for this company for almost 4 years.

    This past September I go in an auto accident. My husband took me to the ER right away. Told to follow up with my Dr in a week if pain gets worse. I took the rest of the week off from work. I had some pains here and there, but thought I really was fine. So I returned to work and after doing one service on a client (pedicure) I realized I was not fine at all. I went to see my Dr, who referred me to a physical therapist do to muscle spasms. She ordered me not to to return to work till further notice. I spoke to my boss, and she said it was "good timing" cause we are so slow. So I continued to keep her updated every week. She was very understanding. So now its been almost 2 months, and finally got in to see a specialist. She ordered an MRI ASAP, and a note to my employer that I can not return to work for at least 1 month. Is it normal to be off work for this long? My attorney told me to contact HR about the FMLA.

    I was told I was not eligible because I have not worked enough hours in the past 12 months. I have a few questions regarding FMLA

    1) Do they count the hours I missed from my last accident in August 07?

    2) I had already missed 2 months before applying, would they consider those hours?

    3) HR wants me to sign a non-FMLA form. What is that?

    4) What happens if I don't sign anything? Will they fire me? If they fire me, will I be entitled to unemployment or disability benefits?

    I can't pay my bills anymore:(
    This has been a nightmare for me and my family. It wasn't even my fault.
    I love my job, I've been in my career for 14 years, and might not be able to go back to it.
    How does one come to a settlement for possibly losing my career?

    I would appreciate ANY feedback. I thank you all in advance.
  • 11-20-2008, 06:51 AM
    cbg
    Re: What Happens if I Don't Sign Non-FMLA Form
    1.) Only hours you actually were working count. Time on any kind of leave, paid or not, does not count towards FMLA eligiblity.

    2.) Your question is not clear. Count towards what? I can read your question two different ways and the answer is different depending on which you mean.

    3.) I have no idea what a non-FMLA form is. It could be anything. I assume it's a form that tells you that the leave is not protected and defines the parameters of the leave, but I don't know for sure since I can't read it from here. Ask your HR person. She can.

    4.) I do not have a crystal ball so I don't know what they will do if you don't sign. IF they fire you, it will be legal. IF they fire you, you will be eligible for unemployment once you are medically cleared to work, but you will not be eligible for the time that you are unable to work for medical reasons.
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