Legal Question in Medical Leave in Oklahoma

fmla

is there a time limit that your job has to approve or deny your fmla leave?


Asked on 9/16/08, 3:51 am

1 Answer from Attorneys

Wayne Allison Allison Legal, LLC

Re: fmla

If the employer is subject to FMLA, and your need for the time off qualifies, your employer has little discretion to "approve or deny" your request.

If the time off is foreseeable you are to provide notice of at least 30 days; if not foreseeable, you must give practicable notice (meaning as much time as is reasonable based on what you know and can foresee).

If you've given such notice, and your employer is subject to FMLA, and your need for the time qualifies, then your employer should not be able to unreasonably delay or deny your request.

Further, if you do take time off and believe it should qualify as FMLA, but your employer has not "approved" it, make sure you document to your employer you intend on using the time off as qualifying FMLA time.

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Answered on 9/16/08, 6:39 pm


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