Legal Question in Medical Leave in Oklahoma
Family medcial leave act
can an employee if you already given them the papers to let them know why you are taking the leave tell you ,you can not take fm la because you have already used up you regular hours.But i put in for the fmla. This is because my hubsand has pro-state cancer i am needed to drive him back at forth to the dr appts. Now my boss has given me all this excuse why i can't . I don't belive she read the papers. Hr should know they can't stop me either right .It's not that against the law.
2 Answers from Attorneys
Re: Family medcial leave act
You must see if intermittent fmla is available.
Re: Family medcial leave act
If you qualify for FMLA leave (worked for 12 months at least 1,250 hours), then you may be granted up to 12 workweeks of leave under FMLA to care for a spouse with a serious health condition. You must give your employer reasonable notice.
A serious health condition means an illness, injury, impairment, or physical or mental condition that involves�
(A) inpatient care in a hospital, hospice, or residential medical care facility; or
(B) continuing treatment by a health care provider.
You say your employer says you've used up your regular hours; if that's the case you may not be entitled to any more FMLA until the one year period starts over (that is, you get only up to 12 weeks in a one year period).
If your employer is not taking your FMLA request seriously and you suffer some harm from that action, you may want to get an attorney to get involved.
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