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  1. #1
    Join Date
    Jun 2008
    Location
    russellville,arkansas
    Posts
    3

    Angry Fired On FMLA

    My question involves labor and employment law for the state of: ARKANSAS: yes I was fired when I was on FMLA on 4/11/08. It's a long story and I have a web site yo can go to that will give you the info of what lead up to the firing. http://www.ripoffreport.com/reports/...Off0343760.htm but the out come is I was on worker's comp and the insurance co sent me to a DR. Sharon Meador M.D. and she would'nt see me with my wife in the exam room but released me to full duty as a truck driver. There was about 4 weeks went by before I knew I had been released. I called my employer and was told to come in and take a D.O.T medical phy that I failed. So I asked for FMLA so that my group medical plan would keep me with a doctor and able to get my meds. Well about 4/1/08 I gave the forms to my doctor to fill out but his office lost them then found them anyway about 4/11/08 my employer called me and said that my forms were late and I told him the doctor had to sign them before I could return them and I was waiting for this. At that point he fired me and I lost my medical. I can't draw unemployment as its not employers fault I can't work. Thats what I'v been told. But the FMLA law says as long as I'm doing the best I can they must wait for me to get forms back. I now have no medical,no income from comp.

  2. #2
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Fired On FMLA

    I know of no part of the FMLA that requires an employer to wait forever for the paperwork as long as you are "doing the best that you can".

    How long were you out when you were terminated?
    How long had you worked for the company?
    How many hours had you worked in the last 12 months?
    How many employees does your employer have within 75 miles of your primary location?

  3. #3
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Fired On FMLA

    The FMLA statute provides 15 days from the day the employer gives you the paperwork, to return it.

  4. #4
    Join Date
    Jun 2008
    Location
    russellville,arkansas
    Posts
    3

    Default Re: Fired On FMLA

    Quote Quoting cyjeff
    View Post
    I know of no part of the FMLA that requires an employer to wait forever for the paperwork as long as you are "doing the best that you can".

    How long were you out when you were terminated?
    How long had you worked for the company?
    How many hours had you worked in the last 12 months?
    How many employees does your employer have within 75 miles of your primary location?
    There is a part as long as I make a good fath effort. The dates of my FMLA : started FMLA on 3/20/08 I was fired 4/11/08. Number of hours worked each year 3,640 loged hours. Employment 3/13/2002 thru 4/11/2008 thats 6 years. Employees all employees are hired in Russellville AR you must sign form that you can only draw worker's comp in arkansas even if you live some other state or injury was in other state. so employees over 300. This is a trucking company that has drivers that live in 48 states. also I have 2 weeks vacation pay due on 3/13/08 am I able to get that when I was fired?

  5. #5
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Fired On FMLA

    Okay, so both you and the company are eligible for FMLA status.

    When did the company give you the FMLA paperwork?

  6. #6
    Join Date
    Jun 2008
    Location
    russellville,arkansas
    Posts
    3

    Default Re: Fired On FMLA

    Quote Quoting cyjeff
    View Post
    Okay, so both you and the company are eligible for FMLA status.

    When did the company give you the FMLA paperwork?
    GOT AND SIGNED: paperwork on 3/20/08 was fired 4/11/08.

  7. #7
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Fired On FMLA

    Putting your posts together, this is what it sounds like.

    You received the paperwork from your employer on 3/20

    You gave the paperwork to your doctor on 4/1

    On 4/11 you were fired.

    Sorry, but that's legal. You had 15 days from 3/20 to get the completed paperwork to your employer with the doctor's signature on it. When the 15 days expired, your employer was within their legal rights to fire you. They gave you several extra days and you still did not come up with paperwork signed by the doctor.

    No illegality here.

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