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I am sorry to hear about this situation. Under the Family Medical Leave Act, the employer cannot do this. See HERE under "
FMLA leave doesn’t have to be taken all at once." Intermittent leave is permitted for necessary appointments for medical conditions (with or without a workman's comp case ongoing). As such, someone in your situation can threaten to file a complaint HERE.
However note that I am assuming that you and the employer are covered by FMLA. See below:
The FMLA only applies to employers that meet certain criteria. A covered employer is a:
- Private-sector employer, with 50 or more employees in 20 or more workweeks in the current or preceding calendar year, including a joint employer or successor in interest to a covered employer;
- Public agency, including a local, state, or Federal government agency, regardless of the number of employees it employs; or
- Public or private elementary or secondary school, regardless of the number of employees it employs.
Only eligible employees are entitled to take FMLA leave. An eligible employee is one who:
- Works for a covered employer;
- Has worked for the employer for at least 12 months;
- Has at least 1,250 hours of service for the employer during the 12 month period immediately preceding the leave*; and
- Works at a location where the employer has at least 50 employees within 75 miles.
If the above is not satisfied, reply and let me know and we can discuss other options.
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