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FMLA Question

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  • FMLA Question

    My FMLA has been denied several times by my employer because my physician will not specify how long my illness will last. I have filed a complaint with the Department of Fair Employment and Housing who has advised me that my employer is in Violation of the Family and Medical Leave Act. I have recieved a "Right To Sue Notice" and would like to know if I were to obtain an attorney will I have a case?

  • #2
    Once you retain an attorney, the attorney will tell you how strong the case is.

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    • #3
      I agree with the above post in that it's impossible to say whether or not you "have a case" without all the facts of your situation. An attorney should be able to tell you after hearing the facts and perhaps doing some research.
      With that said, if your state agency has, in fact, stated that the employer is in violation, then I would guess that chances are pretty good that you do "have a case." (Please note that even though you have received a "right to sue" letter, that does not necessarily mean the state agency will not pursue your case-- they are required to grant you the right to sue if they haven't fully processed it after a certain time period--you might want to clarify this with the agency). Whether pursuing it privately makes monetary sense, is for you to decide.

      Regarding the doctor's refusal to say how long the leave will be (which I find very odd) employers' are generally entitled to notice of duration of leave under the DOL's regulations. That notice however only needs to be "expected duration," and doesn't need to be exact. Provided all other requirements are met, I am not sure if an employer can legally refuse FMLA leave on the sole basis that a doctor is unable to provide an expected duration. Apparently your state agency believes they cannot, but I don't know.
      Posted by Mark Reynolds. Labor and employment attorney.

      Nothing herein should be construed as legal advice. It is for public informational purposes only, does not create an attorney-client relationship, and should not be relied upon in making decisions.

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