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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 117371
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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FMLA denied. I only had 1 qualifying doctor visit related to

Customer Question

FMLA denied. I only had 1 qualifying doctor visit related to migraine headaches and need 2 in a year. Reapplying on Monday May 11th. The days I need covered are April 14, 15 and April 30, May 1. I have my 2nd and qualifying doctor visit, specifically scheduled
for migraines on Monday May 11th also, and will give my doctor the new forms to fill out. With this new claim for FMLA, once approved, am I legally entitled to have those 4 days covered if my doctor lists them on the forms?? The 4 days put me over my attendance
limit and without getting coverage, I will be terminated. HELP!
Submitted: 2 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Under FMLA, the employer may retroactively designate leave as covered under FMLA, See FMLA 29 CFR 825.301, which states:
(d) Retroactive designation. If an employer does not designate leave as required by § 825.300, the employer may retroactively designate leave as FMLA leave with appropriate notice to the employee as required by § 825.300 provided that the employer's failure to timely designate leave does not cause harm or injury to the employee. In all cases where leave would qualify for FMLA protections, an employer and an employee can mutually agree that leave be retroactively designated as FMLA leave.
So, you can indeed have these dates retroactively designated as FMLA if your doctor documents them properly as being covered.