Legal Question in Medical Leave in California
fml denied
My Dr took me out for 4 weeks due to hypoglycimia and migrains. that was approved, however we submitted for intermitten fml for my migrains and it took several weeks before they denied me because the forms were incomplete, my dr re submitted several times, because it kept taking fml weeks to look at my forms i was fired before approval. my forms were still in review when i was terminated, is this legal?
1 Answer from Attorneys
Re: fml denied
There is no formality to requesting medical leave under FMLA or CFRA. All that is legally necessary is that a qualified employee make it known to the employer he/she needs to take some time off due to a serious illness. If the employer wishes, they can require a certification from a doctor confirming this. Employers cannot deny leave simply because a form of theirs was not filled out to their satisfaction. And leave can only be denied under very limited circumstances.
You should have your case reviewed by an experienced employment law attorney in your area for an evaluation and advise as to how to proceed. The statute of limitations to file a complaint with the Department of Fair Employment and Housing is one year.
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