Legal Question in Medical Leave in Tennessee

FMLA granted in the past

Six or eight years ago I was granted FMLA for my ill grandmother. Recently, I submitted FMLA again for my terminal incapacitated ill grandmother. Can my company deny me this time or have they set a precedent with the prior approval? When I asked my supervisor why the delay in my request she said the the Director of Human Resources was reviewing to''be consistent throughout the hospital.'' When I asked when should I know anything she remarked ''there is no time frame for letting you know.''


Asked on 11/17/06, 1:54 am

1 Answer from Attorneys
James R. Becker, Jr. Becker Law Firm

Re: FMLA granted in the past

I do not believe that precedent within the hospital will have any bearing on whether or not you should be granted FMLA leave. The FMLA statute is worded in such a way that if you are entitled to leave...you are entitled to it. Conversely, if you do not meet the qualifications, then you cannot get it, regardless of what may have happened in the past.

If you would like more information on your right to leave, you can check out my website and the leave page at http://www.memphisemploymentlawyer.net/index_files/leave.html.

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Answered on 11/17/06, 10:23 am


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