Legal Question in Medical Leave in Tennessee

Can I take a FML if my sister is on her Death bed on the spur of the moment?

My sister has been sick for a while. I asked my supervisior for a FML and he refused, unless I had someone else to replace me. Are they allowed to do this?? Can I not take the FML for my sister? She is on her death bed.


Asked on 11/21/01, 3:25 pm

1 Answer from Attorneys

James R. Becker, Jr. Becker Law Firm

Re: Can I take a FML if my sister is on her Death bed on the spur of the moment?

First, in order for FMLA leave to apply, your employer must have at least 50 employees in a 75 mile radius and you must have worked for your employer for a full year with 1,250 hours of service. If these conditions are not met, then the FMLA does not apply.

If these conditions are met, you still generally must give your employer reasonable advance notice of an absence under FMLA. This does not apply if advance notice is impracticable, but this usually only applies in situations when there is some type of emergency leave.

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Answered on 11/21/01, 4:07 pm


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