Issued Intent to Suspend notice

zubenelgenubi

I'm a star
It has nothing to do with a sup. You call hrsc and Aetna, bring paperwork to your Dr., fill out your portion, fax it back. Possibly/likely watch it be denied, or delayed. A sup could point you in the right direction, or not.

Supervisors are supposed to know when a situation may fall under FMLA, and they carry more of the burden of that understanding than employees. I wasn't bringing that up to explain the process, merely to help the OP with his particular circumstances. He informed his direct supervisor of his condition, and the supervisor did not point him in the right direction. He can use that fact to support his attempt to have his prior absences covered by FMLA when he talks to HR.
 

UnconTROLLed

perfection
Supervisors are supposed to know when a situation may fall under FMLA, and they carry more of the burden of that understanding than employees. I wasn't bringing that up to explain the process, merely to help the OP with his particular circumstances. He informed his direct supervisor of his condition, and the supervisor did not point him in the right direction. He can use that fact to support his attempt to have his prior absences covered by FMLA when he talks to HR.
The employee may discuss the reason for leave, or not. No supervisor determines what are FMLA circumstances and what are not.
 

zubenelgenubi

I'm a star
The employee may discuss the reason for leave, or not. No supervisor determines what are FMLA circumstances and what are not.

I didn't say they determine it. They are expected, as representatives of the company, to recognize what situations might be covered by it and facilitate getting the ball rolling. Failure to do so can open the company up to liability for any damages suffered by the employee.

Imagine trying to convince a jury that the company was justified to discipline an employee who was suffering from a medical condition after negligently denying him his right to protected leave. A court isn't going to care if the employee followed the proper channels, they are going to care that a representative of the company failed to facilitate the employee's navigation of the proper channels.
 

trickpony1

Well-Known Member
they are going to care that a representative of the company failed to facilitate the employee's navigation of the proper channels.

I'd be interested in knowing where this language can be found.
I'm acquainted with a situation, not related at all with UPS, where the employee got fired but some outside influences got her re-employed quickly.
 

zubenelgenubi

I'm a star
I'd be interested in knowing where this language can be found.
I'm acquainted with a situation, not related at all with UPS, where the employee got fired but some outside influences got her re-employed quickly.

I don't know that there is any specific language in the contract or legislation that spells all this out. It has to do with the actual legislation, and the way the courts enforce employee rights laws. Supervisors are most emoloyees' primary contact with the company. They are not necessarily expected to know all the ins and outs of things like FMLA, but they need to know enough to direct employees to a manager or HR if the situation warrants it.

HR departments are supposed to develop policies that will effectively keep the company in compliance with the law, and then provide management with training on how to follow/enforce policy. Failure at any level, whether in establishing policy or enforcing it, opens the company to liability.
 
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