• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Questions about a LOA, what are fair expectations for my HR department

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

ElwoodBluesMD

Junior Member
What is the name of your state (only U.S. law)? Nevada

Not sure if this is in the appropriate section, but feel free to redirect.

I work for an employer that has a habit of dragging things out for various reasons, this is also my first time with an employer without a physical HR office in my town. (HR is only available remotely via Email/Phone.)

My question concerns a Leave of Absense. I have made my management aware of that I have some Medical/Person matters that need attending and that I would be speaking to HR over the weekend. Today I call at the beginning of business hours to find that my normal HR rep is out of the office for 2 weeks (my manager never informed me of this when we discussed the option). I have since tried to contact our other HR team members, one of whom I have yet to hear back from, while the other stated that they are only an assisstant, and that I'd have to wait to hear back from the former for more information. I was under the impression I would hear back by the closing of the business day.
Again, I'm used to dealing with a brick and mortar version of HR, and will try again tomorrow, but is it unreasonable to expect to be able to get in contact with ones HR with a 24 hour period? I feel as though I'm being "ducked" for the time being.
Also I have been in what I belive to be good standing for almost 4 years with this employer, but have also seen some "questionable" decisions and tactics from managment over that time. Should I have any expectations to be denied? Is it possible that my employer tries to force me to resign rather than take a Leave of Absense?

Thank you for your time!
 


cbg

I'm a Northern Girl
To be honest, yes, in some instances it's going to be unreasonable to expect a 24 hour turn around. If they're short handed, which it sounds as if they are, and there is someone out for two weeks (which your manager may or may not have known) and it's about something regarding protected information (which medical leave is), they may not have an appropriate person to get back to you immediately. At the best of times when everyone is in the office, our standards are 48 business hours for a response.

Give them a bit.
 

eerelations

Senior Member
What is the name of your state (only U.S. law)? Nevada

Not sure if this is in the appropriate section, but feel free to redirect.

I work for an employer that has a habit of dragging things out for various reasons, this is also my first time with an employer without a physical HR office in my town. (HR is only available remotely via Email/Phone.)

My question concerns a Leave of Absense. I have made my management aware of that I have some Medical/Person matters that need attending and that I would be speaking to HR over the weekend. Today I call at the beginning of business hours to find that my normal HR rep is out of the office for 2 weeks (my manager never informed me of this when we discussed the option). I have since tried to contact our other HR team members, one of whom I have yet to hear back from, while the other stated that they are only an assisstant, and that I'd have to wait to hear back from the former for more information. I was under the impression I would hear back by the closing of the business day.
Again, I'm used to dealing with a brick and mortar version of HR, and will try again tomorrow, but is it unreasonable to expect to be able to get in contact with ones HR with a 24 hour period? I feel as though I'm being "ducked" for the time being.
Also I have been in what I belive to be good standing for almost 4 years with this employer, but have also seen some "questionable" decisions and tactics from managment over that time. Should I have any expectations to be denied? Is it possible that my employer tries to force me to resign rather than take a Leave of Absense?

Thank you for your time!

There are no laws dictating the responsiveness of HR staff.

Regarding whether or not your requested LOA will be allowed, this depends on a number of factors. Legally, if your employer has 50 or more employees within a 75-mile radius, and you've worked for your employer for more than a year, and you've worked at least 1250 hours in the year leading up to today, and the "medical reasons" for your requested leave mean that you are/will be physically and/or mentally incapable of working (as described by a doctor in a report submitted to your employer), then under the federal FMLA, your employer is legally obliged to grant you an unpaid leave of absence up to 12 weeks' in duration.

If you don't meet all of the "ifs" and "ands" noted above, then granting you an LOA for medical reasons is entirely at your employer's discretion. The same goes for granting you a leave for personal reasons.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
Top