Employment Law Questions? Ask an Employment Lawyer.
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Did you exhaust your FMLA entitlement with intermittent leave before you realized you needed to take a leave of absence? Why did you not use your FMLA to take the short absence? I very much look forward to helping you on this matter.
You do not need to show proof of hospitalization in order to qualify for FMLA leave. All you need to show is that you are suffering from a period of incapacity requiring absence of more than three calendar days that involves continuing treatment by (or under the supervision of) a health care provider. Your condition would seem to meet this definition. Accordingly, you would have been entitled to take FMLA and your employer's "denial" of such would constitute a violation of the Act, thus giving rise to a legal claim.
A lawsuit could be pursued with the assistance of a local attorney. See here to find someone in your area who can help.
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