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I’m approved for FMLA specifically to take my mother to her…

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I’m approved for FMLA specifically...
I’m approved for FMLA specifically to take my mother to her oncology appointments. I gave 30 days notice of the appointment and made sure it was on my employers approved days. My employer required me to provide a note with date and time in and time out of the appointment. I provided this note. However, it was from the front desk. A print out with my mother’s name, the date, and the time in and out. My employer denied the note and therefore denied my FMLA request. What do I do?
Submitted: 7 months ago.Category: Employment Law
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Answered in 7 minutes by:
12/6/2017
Employment Lawyer: Legal Eagle, Lawyer replied 7 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 13,438
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Customer reply replied 7 months ago
Sure
Employment Lawyer: Legal Eagle, Lawyer replied 7 months ago

Great, thank you! Bear with me a moment while I review…

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Employment Lawyer: Legal Eagle, Lawyer replied 7 months ago

Thank you very much for your patience and I apologize for the delay.

So, it's possible that the employer may be violating federal law. Under the Family Medical Leave Act (“FMLA”) eligible employees may take up to twelve (12) weeks off of their position to care for themselves or a family member that is dealing with a serious health condition. The employee is entitled to return to their same or similar job. A family member does not include in-laws, but does include a spouse and a child. or a parent. An eligible employee is one that has worked for their employer for the past twelve (12) months and has worked at least 1,250 hours in those past twelve (12) months. The employer must also be covered under FMLA before they are required to provide FMLA eave. A covered employer typically only has to have at least fifty (50) employees within a seventy-five (75) mile radius for at least twenty (20) workweeks in the current or preceding calendar year. Also, an employer is required to provide employees with notice of their rights under the FMLAand is required to provide you with notice of your FMLA rights when they have knowledge of a triggering event. Employers are not allowed to unreasonably deny FMLA requests.

In your case, if you otherwise met all of the conditions and they denied you on the basis that they did not like from whom the letter came from, but they have evidence that you are eligible otherwise, then you may want to consider a complaint with your local department of employment or you may be able to file a complaint with the federal department of labor field office in your area.

What other questions did you have for me today that I can help you out with:-)?

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Customer reply replied 7 months ago
Am I correct to assume that sick time or attendance policies put in place by the employer that are more strict, should be following FMLA law instead or do the employee’s stricter policies supersede FMLA law?
Employment Lawyer: Legal Eagle, Lawyer replied 7 months ago

Yes. FMLA allows an employee to leave when needed, but the employee still has to generally follow the sick time policies. For instance I once supervised someone who was on intermittent FMLA and he could take off the time he wanted; however, he had to submit his time like everyone else and was required to keep a running log of his time and we compared his log with a log that I created as well so as to ensure that we were all on the same page. So, if they are saying you can't leave even though it's for an FMLA reason, then you may have a valid complaint with the dept. of labor. Did you have any other questions for me?

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Customer reply replied 7 months ago
It took my HR department 17 days (incomplete) 38 days (no notification in writing of what was incomplete or insufficient) and then 7 days ( complete and approved) to respond to my submitted certifications. I have had to submit 4 certifications in the last 5 months. Is this also an issue??
Employment Lawyer: Legal Eagle, Lawyer replied 7 months ago

I think that it could be an issue as well if it has taken so long for them to respond. It's not directly compensable, but it could serve to help prove the fact that they unreasonably denied your FMLA. It's a shame, but I believe you have some legitimate recourse. Did you have any other questions for me today that I could help you with?

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Employment Lawyer: Legal Eagle, Lawyer replied 7 months ago

Hello, it’s been awhile since we connected so I wanted to check in with you to see if you had any further before you rated. If you have any other questions or if there is anything else I can assist you with today. Please reply here and let me know.

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