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Antiwork

Can I be forced to take FMLA?

Hi all, apologies if this isn't the right place to ask this. Please let me know if it isn't. Last year the company (#1) I worked for was acquired by a larger company (#2). #1 was a small startup with limited sick leave and PTO. I was on FMLA with them because I have a mental health disability. #2 has many more employees and “flexible PTO” that is separate from sick leave. Long story short, I've been using the flex PTO for my bad days and I guess my manager ratted on me. Now I've had multiple HR people contact me to “remind me of my eligibility for FMLA because medical needs aren't covered under flex PTO.” I've never applied for FMLA with this new company. They dug up my info from my files with #1. The only things they know are that I have “chronic health issues” that have…


Hi all, apologies if this isn't the right place to ask this. Please let me know if it isn't.

Last year the company (#1) I worked for was acquired by a larger company (#2). #1 was a small startup with limited sick leave and PTO. I was on FMLA with them because I have a mental health disability. #2 has many more employees and “flexible PTO” that is separate from sick leave.

Long story short, I've been using the flex PTO for my bad days and I guess my manager ratted on me. Now I've had multiple HR people contact me to “remind me of my eligibility for FMLA because medical needs aren't covered under flex PTO.”

I've never applied for FMLA with this new company. They dug up my info from my files with #1.

The only things they know are that I have “chronic health issues” that have been covered by FMLA in the past. I've not said anything about diagnosis or submitted any updated medical documents.

Can they force me to take FMLA in the future? This sucks extra badly because literally everyone in the company uses the flex PTO plan whenever they want for basically any reason. It feels like leadership is just looking for a reason to not pay me.

TIA.

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