Legal Question in Medical Leave in Tennessee

fmla turned down

hello

first time here,would like to know if i can take legel action agaist my employer,

my daughter was going to have emergecy surgeryfor cancer was going to have a hystreymenywould be in hospital 4-5 days,after care up to 2 weeks.

she's 29 years old and lives out of state,had her cancer doctor fax a fmla paper to my work,and you guessed it they turned it down ,made me take a vacation week,well as it turned out the doctor just cut her open and closed her back up ,it had spreed to bad .she had to take cemo,rada,and the bullet trement.

thank the lord for answering all the prayers, she is cancer free.

fmla did state the doctor was a gyn-oncology.

sorry for the bad spelling


Asked on 9/10/04, 2:49 am

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

Re: fmla turned down

The FMLA provides for 12 weeks of unpaid leave and an employer is free to compel the employee to take paid leave concurrent with FMLA leave. This means that even if the employer had approved you taking FMLA leave, it still could have required you to use vacation time concurrent with your unpaid FMLA leave.

It is impossible to tell from what you wrote definitively if you were entitled to FMLA leave. In all likelihood you were, but that is based on incomplete facts. However, if your legal action is to be premised on losing 1 week of vacation, I do not see any claim.

Of course, you should not take this as a substitute for an in-person consultation with a lawyer. If you feel that your rights were violated, only a consultation with a lawyer can resolve those questions. This is simply an information service.

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Answered on 9/10/04, 4:40 pm


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