Husband wrongfully denied FMLA due to wife's pregnancy?

My husband was on FMLA due to me being pregnant with our son. The first set of FMLA certification was filled out on April 15th and it was approved. He used FMLA whenever we had a doctors appointment. During my pregnancy I had several ultrasounds due to a cyst near previous c-section scars. Then during the last month of pregnancy I had to be taken to the E.R. due to bleeding. So on September 14th my husband decided to take off and help me the rest of my pregnancy(Gave birth September 30th). The doctor got sent another certification form September 13th and the was approved of as well. We found out on October 7th that the FMLA leave for those two weeks(September 14th-September 29th) was denied. All the doctor appointments in those two weeks were approved though. They claim that the "certification was out the range".On all of the FMLA approval papers we recieved from the management company it states that the "health care provider has cerified absences as needed at a frequency of as needed". Today was his first day back at work since taking leave and he was fired. Do you think we have a case here?

1 answer  |  asked Nov 22, 2011 12:18 AM [EST]  |  applies to Ohio

Answers (1)

Bruce Elfvin
The FMLA is designed for self-care and care of family members, your description seems to reflect the care of an immediate family member, but is obviously the short version. You need to see an employment lawyer and discuss all of the facts in the context of the FMLA's specific requirements.

You should do this soon. You can select an employment lawyer near to you at:

posted by Bruce Elfvin  |  Nov 22, 2011 09:16 AM [EST]

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