IS THERE AN APPEALS PROCESS IF MY EMPLOYER DENIES MY APPLICATION FOR FMLA?

I have had an ongoing condition with my back. I had a series of surgical injections and finally had spinal fusion surgery in Dec 2009. It was not as successful as my doctor and I had hoped. Since returning to work in June of 2010 i have had 2 additional instances when i was out of work on disability Sept through Cct 2010 and April of 2011. I also had been absent from work on 10 other instances because of the same problem. I recently satisfied my 1250 required hours and submitted my application which was completed by my doctor. The company has advised me by e-mailthat my application was not approved.

2 answers  |  asked Oct 19, 2011 06:47 AM [EST]  |  applies to New Jersey

Answers (2)

Natalia Shishkin
There are several methods of calculating when an employee becomes eligible for a new FMLA leave after he/she has exhausted the 12 weeks of protected leave. You should speak to an attorney to determine if your employer's calculations are correct. Also, please keep in mind that your employer is not allowed to discriminate against you because of your disability even if you are not protected by the FMLA or the New Jersey Family Leave at the moment. I recommend that you seek advice from an experienced employment attorney to understand your rights and to help protect your job.


LEGAL DISCLAIMER
My response here is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. To get specific legal advice please contact an attorney within your jurisdiction.

posted by Natalia Shishkin  |  Oct 21, 2011 12:26 PM [EST]
Doris Dabrowski
If your employer wrongfully denied your FMLA request, you could ultimately file a lawsuit for interference with FMLA rights or refusal to reinstate you upon recovery. However, I recommend negotiations prior to filing suit. Did your employer give you a reason for denying the application?

Doris Dabrowski
1525 Locust St., Philadelphia, Pa. 19102
215-790-1115
http:\www.dabrowski-law.com

posted by Doris Dabrowski  |  Oct 19, 2011 1:06 PM [EST]

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