FMLA & Termination

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Shaneg6

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I recently returned from Active Duty military to my job for a major telecom company. This company outsources their FMLA duties to METLIFE. I initially filed my claim and was denied by METLIFE for not having worked the needed amount of hours, however my company failed to inform METLIFE that I was on a LOA to serve active duty and that under the USERRA laws my time serving counted toward the 1250 hours. So METLIFE made me file another FMLA claim even though the first should have just been approved.

IF anyone has ever dealt with the Veterans Admin. Doctors you know how hard it is to accomplish anything. I submitted my FMLA forms the same day I got them, I called every day to the nurse telling me he had 7 days to complete the forms. After 14 days I still called, finally it was submitted to METLIFE. Last week METLIFE called my employer, who e-mailed me that one box on the form determining the frequency I needed to take FMLA was missing and needed to be completed so they were sending the form to me to take to the Dr. I waited for the form and never received it so I called METLIFE who told me they werent sending a form they just needed the dr to call in and oh today was the deadline to complete the form. I frantically called the VA over and over again begging them to have the Dr. call in to fill out that one section, but at 7pm when METLIFE closed the Dr. still had not called even though his nurse promised me he would. My HR department advised I should ask METLIFE for an extension so I called and asked and METLIFE said well your HR department has to put in for the extension. So I emailed the HR guy back and said METLIFE claims you have to put in the extension. The HR guy was like jeckle and hyde telling me he wouldnt put in an extension even though he gave me the mis-information. I have the e-mail from him that says quote " Call METLIFE and ask for an extension since I misinformed you".

Today was the deadline and the forms not completed, no extension given when my FMLA is denied (For the 2nd time) my company is going to treat the 2-3 weeks I've already taken off for FMLA as unapproved absences and I could be terminated. How is this fair that the company I work for keeps messing up and giving me misinformation and now they can fire me.

And also is there any recourse toward a lazy doctor that even after daily calls doesn't complete medical paperwork on time resulting in my termination?? How fair is it that my Dr doesn't fill out the paperwork by the deadline on the paperwork even though I bring it in the day I get it.

I appreciate any advice you guys can give.

Shane
 
And also is there any recourse toward a lazy doctor that even after daily calls doesn't complete medical paperwork on time resulting in my termination?? How fair is it that my Dr doesn't fill out the paperwork by the deadline on the paperwork even though I bring it in the day I get it.
You need to file a complaint with the VA against the doctor

Now, as far as the FMLA and METLIFE it seems to me that there is a serious miscommunication problem here between your employer and that company. What I suggest that you do is to keep track of all the records, phone conversations, emails, correspondences just in case you legally need to dispute anything. For now, unless the company fires you, there is not much you can do.
 
I'll bet on everything I love that I know exactly who this Telecom company is. I was recently terminated because my FMLA medical certification paperwork was 2 days late to the FMLA department even though MetLife approved me and made insurance payments to me. I have retained a lawyer (at a huge expense). Hopefully this will turn out in my favor.
 
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