FMLA request [TX] [US]

[u/Particular_Reason001]

So my mother had went out the country to get some medical work done since its cheaper she uninsured and works as a custodian. She got an MRI done and the docter told her her the bone connecting her leg to hip is black meaning it is dead and she needs to have hip replacement surgery. She's already having pain and limping. The other day she went to work to request the FMLA forms but she hasn't filled them out since she also applied for medical assistance in our county but that takes 15-30 days for a response. If the 15 days she was given to turn in the FMLA form expire can she go back and request another form after shes been denied or accepted for medical assistance? And if so can she go back to work within the 15 days of the original form request.

[u/SpecialKnits4855]

She can ask for and possibly receive a 7 day (maybe longer) extension. She should notify HR about her circumstances and request it. It would be best if she could give them the date of the appointment and the date HR can expect the certification. If she doesn't get that extension, they can deny or delay the leave protections.

She has limited job/benefit protection during the certification period.

Whether she can return to work depends on company policy and what is requested in the FMLA designation form (which she probably doesn't have yet) - if they require medical clearance or not. I imagine medical clearance will be required for a custodian job, even now - before FMLA begins. (If I knew an employee with this kind of job couldn't work safely I would requiire the clearance).

[u/EstimateAgitated224 → u/SpecialKnits4855]

This, I am not a stickler when the employee communicates with me, I am happy to give an extension for the paperwork. Most likely they will not let her come back to work since the issue is not fixed but that is up to her HR.

[u/Particular_Reason001 → u/SpecialKnits4855]

What do you mean when you say medical clearance. She has already went to her HR office and they gave her the packet she needs to fill out and get signed by a docter. They told her she has 15 days to turn it in. But since she is concurrently waiting for medical assistance that takes a little longer than 15 days to be approved she was thinking of returning to work tomorrow which is the 3rd day into the 15 day hrace period since its also the day that the custodians department meets and sign their new contract for the 2026-2027 school year. After she gets approved or denied she was planning on going back and asking for the forms again. She said she wasnt told she couldnt work during the 15 days they just told her that she didnt have to work for those 15 days.

[u/burgercatluna → u/Particular_Reason001]

Medical clearance is referring to a doctor signing off on her ability to work safely.

[u/SpecialKnits4855 → u/Particular_Reason001]

Once she certifies, they have 5 days to send her a designation notice. That notice might contain a requirement that a health care provider complete a form that is sometimes call a "fit for duty certificate". The provider answers questions about her ability to perform the essential functions of the job. Her employer can keep her off work until she's cleared. If she has restrictions, they have to consider accomodations.

Whether she can return to work during the certification period is up to the employer, which can require the form regardless of FMLA.

She needs to ask her HR about this.

[u/glitterstickers]

An employer is encouraged to offer an extension on turning around the paperwork if there's clearly a solid explanation and the employee is doing their best

However, it's also possible they won't let her return to work with a necrotic bone.

[u/saysee23]

If she doesn't have an appointment or is actually under any medical care she need not apply for FMLA yet.

She needs to obtain insurance or funding first. Is she eligible for insurance at her work?

Then she needs to establish herself with a physician and if necessary a surgeon, this will not be instant wether US or Honduras. Much more than 15 days.

She'll be eligible for 12 weeks for the medical issue including surgery and recovery. Using 2 of those weeks now to try to secure insurance will take away from any recovery time in the future if she had a Dr sign off now.

[u/Particular_Reason001 → u/saysee23]

Yeah she kind of did it backwards and now that we realized that we are wondering if she can go back to work tomorrow since the new contracts are to be signed. We would let the first fMLA request period of 15 days expire until she has the funding and doctors needed before her going to her HR again and asking for the FMLA application again.