Legal Question in Medical Leave in Georgia

Re: My Son's condition is not going to be excused, what do I do?

I wish you the best with your son.

The determination as to whether or not any condition qualifies under FMLA is not to be made by the employee or employer but by the medical provider. If the employer does not agree with the medical provider, there is a provision in the law allowing a second (and third if the first two disagree) medical opinion, but if these medical providers give information showing that the condition is a serious health condition as defined in the FMLA, then the employer may not deny the claim. This is, of course, assuming the employer is a covered employer (over 50 employees within a 75 mile radius of where the employee works) and assuming the employee is a covered employee (been employed for at least 12 months and work 1250 hours within the past 12 months).

The law has pretty specific regulations as to what constitutes a "serious health condition," and it is hard to tell for certain whether your son's condition qualifies. Feel free to contact me if you have additional questions.

The foregoing is general information only, not specific legal advice. No attorney/cleint relationship has been created or should be implied. Consult with your own attorney before taking legal action.