Legal Question in Medical Leave in Ohio

Fmla
My husband has been diagnosed with IBS and they are currently researching another condition that causes him to constantly vomit. He has to spend time in the hospital for testing. Two doctor's (one a specialist) has filled out the FMLA paperwork for him. He turned in his paperwork and HR said that the site nurse had to submit it. She said she can only approve him for 4 hours a week because she doesn't feel that IBS is a valid condition to take time off for. This isn't even enough time for him to have the tests that he needs done as many incapacitate him for 12-24 hours. Does she have the right to deny his claim even though 2 dr's verified he qualifies?

Asked on 1/08/09, 2:18 pm

Howard Mishler Howard V. Mishler Co. LPA

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Re: Fmla

The question is the site nurse qualified. You will have to undertake an administrative appeal to challenge it. e-mail for a free consultation

regards,

Howard Mishler

Answered on 1/08/09, 7:58 pm

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