An employer must give you an answer on your request for FMLA within 5 business days of your request. They may ask for clarification or verification of the need for leave. If they approve your request which you make in advance, you are protected from discrimination or retaliation which may occur even prior to when you are actually qualified to take the FMLA leave. If you employer fails to give you notice within five days then you are approved for the leave. You cannot suffer any adverse employment action as a result of requesting protected leave. If you believe that is occurring you should consult an employment attorney as soon as practical. You can find one by using the find an attorney tab here on Avvo. Most employment attorneys will give you a free initial consultation.
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Employment law for businesses Business Employment Discrimination in the workplace Employee rights FMLA (Family and Medical Leave Act) and employees Protections against employer retaliation Sick leave and work hours Termination of employment Wrongful termination of employment Discrimination