Legal Question in Medical Leave in California

FMLA Denials

If approval is reiceved on a FMLA absence does the employer have the right to go back and deny that absence at a later time? This being based on the fact that the employer told the employee to resubmit the request for modification and then denied it was denied after approval was already given in writing?


Asked on 1/11/03, 2:18 pm

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: FMLA Denials

Generally speaking, an employer may not deny an employee FMLA leave, assuming all qualifying criteria is met. Ask for an explanation why it is now being denied.

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Answered on 1/14/03, 12:24 pm


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