Well, I think you have the question backwards. If it does qualify and you should have got FMLA leave instead of just taking off (or undergoing a temporary termination
), then it is the employer's responsibility to designate the leave as FMLA leave.
So, if the doctor certified the leave as qualifying for FMLA treatment, then you have a case against your employer for violation of the FMLA. It is not on the employee to figure out whether FMLA applies. It is the employer's responsibility to provide FMLA leave to the qualifying employee.
To file an FMLA violation complaint, you would contact the US Department of Labor
and Hour Division
Washington, DC 20210
Tel: 1-866-4USWAGE (1-866-487-9243)
Employers can retroactively apply FMLA leave, and your employer can reverse this situation, but you need to communicate clearly that this is what you want them to do. If they need clearer certification from the doctor, then you should request that the doctor write a letter stating that the leave you took does specifically qualify for FMLA.
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