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  1. #1

    Default Fmla

    My question involves labor and employment law for the state of: Texas

    How long does a company have to approve or deny your FMLA paper work? I looked it up on the internet and it stated 5 days to approve or deny. Our company has taken 2 weeks to months to approve FMLA, legally is there anything that can be done to speed up the process to find out if you are approved or denied? I am also told they are behind in the application process and this was told to me by an employee who works in the data entry for FMLA.

  2. #2
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    Default Re: Fmla

    https://www.dol.gov/whd/regs/compliance/whdfs28d.pdf

    5 days is correct.

    Your next step would be to contact the Dept. of Labor.

    www.dol.gov/whd/america2.htm

  3. #3
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    Default Re: Fmla

    Quote Quoting sunshinekeeper
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    My question involves labor and employment law for the state of: Texas

    How long does a company have to approve or deny your FMLA paper work? I looked it up on the internet and it stated 5 days to approve or deny. Our company has taken 2 weeks to months to approve FMLA, legally is there anything that can be done to speed up the process to find out if you are approved or denied? I am also told they are behind in the application process and this was told to me by an employee who works in the data entry for FMLA.
    You can make a compliant to DOL and cause a big riff between you and the company or you can keep on the company to approve your family leave. That is your choice.

    Just remember that you can't un-ring the bell if you make the complaint.

  4. #4
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    Default Re: Fmla

    And should your employer retaliate there are safeguards for you.

    https://www.dol.gov/agencies/whd/fac...la-protections

  5. #5
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    Default Re: Fmla

    That is easier said then done. Would you want to work in a hostile environment after making a complaint against your company? You would be under the microscope and if the company wanted you out, eventually you would be out.

  6. #6
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    Default Re: Fmla

    Quote Quoting budwad
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    That is easier said then done. Would you want to work in a hostile environment after making a complaint against your company? You would be under the microscope and if the company wanted you out, eventually you would be out.
    So are you saying the OP should just say to hell with their rights?

    There is also the issue that the OP is going to have to take the time off with or without the employer qualifying it as FMLA and then the OP will likely be out of a job anyway.

  7. #7
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    Default Re: Fmla

    Quote Quoting PayrolGuy
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    So are you saying the OP should just say to hell with their rights?
    Not saying that at all. OP should stay on the company letting them know that she will be taking the FMLA and if they don't get it approved or denied by the time OP needs it, that is when OP makes the decision to file a complaint or take the time off and deal with the consequences or go after the company.

  8. #8
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    Default Re: Fmla

    The OP's question was "Our company has taken 2 weeks to months to approve FMLA, legally is there anything that can be done to speed up the process to find out if you are approved or denied?"

    I gave him the correct answer to that question.

  9. #9
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    Default Re: Fmla

    Yes, you did. And I gave OP my opinion on the matter. Do you think making a complaint to the DOL will get her approval or denial before they need the leave? No it won't. It takes months or a year before the DOL gets to investigate (according to the website you linked to).

    Q: I haven’t worked for this employer for a while. How long do I have to file a complaint?

    A: The FLSA contains a two-year statute of limitations (three-years for willful violations). This means that any part of a back wage claim which was earned more than two years before a federal court lawsuit is filed may not be collectible. To ensure we can complete our investigation before the statute of limitation expires, employees should file complaints with WHD as soon as possible.

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