Legal Question in Medical Leave in New York

FMLA Denied

What is right for FMLA conditions when you are denied even though you feel you meet them? 28 yrs old daughter visiting, has emergency surgery on ovary from cyst bleeding out into her body, she has a 22 month old. In the hospital and after surgery and home she can not get up or do things for herself. But do to the fact that she is 28 years old - I am denied. We have no one to assist us and I need to care for both her and her daughter. What can I do? I can't afford to lose my job and I don't want to lose my daughter if she has no one to care for her, plus who will assist with the baby.


Asked on 5/15/07, 10:58 am

1 Answer from Attorneys
Graig Zappia Tully Rinckey PLLC

Re: FMLA Denied

The FMLA is a very unique piece of legislation meant to protect individuals in your set of circumstances. Since there are many nuances to this piece of legislation, I would need more information to discuss the law and how it applies to you. By way of introduction, however, it would seem based on the facts above, this law "may" apply to your daughter even though she is above 18 years of age. If it applies would depend upon the facts of your case. I have battled employers on their incorrect FMLA findings in the past and would welcome a chance to discuss this further with you. Thanks for the question. Please email me below if you are interested in discussing this further.

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Answered on 5/15/07, 5:06 pm


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