Legal Question in Medical Leave in Florida

do all absences under FMLA need to be for same reason

Our company has advised us that when you apply for FMLA and it is approved as submitted for specific illness-it will only apply for that circumstance and/or intermittently for the same illness. When I had other serious illnesses within that same year-I submitted new requests from the appropriate physicians but was denied. Do you have to refile for each separate instance/illness or does the approval cover numerous "serious situation" within the 12 month period? Ultimately I was fired due to unreliability due to illness.


Asked on 7/10/00, 11:24 pm

1 Answer from Attorneys
Kelly Henderson

Re: do all absences under FMLA need to be for same reason

All absences under FMLA need not be for the same reason. And, the fact you were granted FMLA leave for one serious medical situation does not mean that all other requests for FMLA leave must be granted. Although the policy your former company uses appears to be legal, with out more facts it is impossible to have an opinion on their denial of your second request for FMLA leave. You may want to discuss this matter with a local employment attorney that you trust.

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Answered on 9/10/00, 8:03 am


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