Legal Question in Medical Leave in Arkansas
Husband sickness
My husband is very sick. He has bursted blood vessels in his head. He has to go to the doctor in Little Rock which is one to two hours drive from our home. He is not able to drive himself. I need to be off work to drive him. The Human Resource person at my work has denied me family medical leave. His doctor wrote on the papers that I would need to take him to his appointments. But the Human resouce person still denied me.
Is she correct in doing this?
1 Answer from Attorneys
Re: Husband sickness
There could be a couple of reasons for the denial. The first is that you do not qualify for FMLA leave. In order to qualify, you must have worked for the employer for the 12 months immediately preceding the leave and have worked at least 1,250 hours during that period of time. Additionally, you must not have exhausted all of your FMLA leave time. The next possible reason for the denial is that the employer is not covered by the FMLA. In order to be FMLA covered, the employer must have 50 or more employees within a 75 mile radius of your worksite. If that requirement is not met, then the FMLA does not apply to the employer.
If you have other questions about the FMLA, you can visit my website, www.memphisemploymentlawyer.net or contact me via email at [email protected].
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