How long does a company have to deny/ approve fmla

Asked almost 3 years ago - 44483

If i was approved originally for (medical loa) fmla can they send back months later and deny me for the same days that were origianally approved?

Attorney answers (1)

  1. Justin Anthony Morocco

    Contributor Level 11

    Answered . Employees are eligible to take FMLA leave if they have worked for their employer for at least 12 months, and have worked for at least 1,250 hours over the previous 12 months, and work at a location where at least 50 employees are employed by the employer within 75 miles. In most situations, the employer cannot count leave as FMLA leave retroactively. Remember, the employee must be notified in writing that an absence is being designated as FMLA leave. If the employer was not aware of the reason for the leave, leave may be designated as FMLA leave retroactively only while the leave is in progress or within two business days of the employee's return to work. Subject to certain limitations, your employer may deny the continuation of FMLA leave due to a serious health condition if you fail to fulfill any obligations to provide supporting medical certification. The employer may not, however, require you to return to work early by offering you a light duty assignment. Ultimately, if you are an "eligible" employee who has met FMLA's notice and certification requirements (and you have not exhausted your FMLA leave entitlement for the year), you may not be denied FMLA leave.

    Legal disclaimer: The above information is shared for educational and discussion purposes only. No attorney-client... more

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