FMLA Question

[cyrex]

My employer is asking me to fill out a FMLA benefit claim form and I am uncertain if my situation even qualifies.
I had an elective outpatient surgery on Thursday and came back to work the following Wednesday. On Friday, Saturday, and Monday I actually did a little work from home. I did not come into the office on Thursday, Friday, Monday or Tuesday though. The surgery was a Frontal Endoscopic Sinus Surgery that was not required which both my immediate supervisor as well as his supervisor were aware of. HR on the other hand is requesting that I fill out the FMLA benefit claim.

Does my case count under the FMLA?

 

[cbg]

It might. It might not. The only way to find out is to complete the paperwork.

Keep in mind that if the employer, the employee and the situtation all qualify under FMLA, the employer is required by law to apply FMLA protections whether you want it or not.

Also keep in mind that if you refuse to complete, or have the doctor complete, the paperwork for FMLA, the employer is free to disregard FMLA protections and instead apply the company attendance policy, which for an extended absence is not likely to be a good thing.

So whether it ultimately ends up applying or not, you can do yourself no harm and may end up doing yourself some good by simply taking the paperwork and having it completed.