Legal Question in Medical Leave in Florida

Employer declining FMLA

Can an employer decline you reason for FMLA if the doctor says it is necessary?


Asked on 1/27/01, 8:26 pm

1 Answer from Attorneys

Re: Employer declining FMLA

You have asked if an employer can ever decline a request for FMLA leave when a doctor indicates that leave is necessary. It does not seem like the employer should be able to deny such a leave request, although there are a few exceptions. The employer must have enough employees such that they are covered under the FMLA. The employee making the request must have worked for that employer long enough to be qualify for FMLA leave. The medical issue that causes this request must affect the employee or an immediate family member (there are specific limits). The medical problem at issue must be more than necessary, it must also be serious as defined in the law. I understand that might not have answered your short question, but send me an e-mail with slightly more details and I be able to provide an answer that is more on point.

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Answered on 3/23/01, 1:26 pm


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