FMLA

[Guest robs16]

Requested verbally family leave to care for ill parent out-of-state. Request denied by immediate supervisor.

Yes, I've met all prerequisites having worked for the firm full-time for over 8 years. Confused!

What recourse do I have?

[GMK]

Submit a WRITTEN request for FMLA leave to the Human Resources department, summarizing when and why you need the leave.

Sometimes FMLA doesn't apply (< 50 employees?). Sometimes employers require a written request. Sometimes supervisors don't know the in's and out's of FMLA. Sometimes it isn't a serious medical condition as defined in FMLA. etc. etc. etc.

For general reference:

http://www.dol.gov/compliance/guide/fmla.htm

[Guest robs16]

Submit a WRITTEN request for FMLA leave to the Human Resources department, summarizing when and why you need the leave.

Sometimes FMLA doesn't apply (< 50 employees?). Sometimes employers require a written request. Sometimes supervisors don't know the in's and out's of FMLA. Sometimes it isn't a serious medical condition as defined in FMLA. etc. etc. etc.

For general reference:

http://www.dol.gov/compliance/guide/fmla.htm

[Guest RA in Texas]

I have taught at a college for 5 years. Three years ago I was diagnosed with RA. I asked to have reasonable accomodations and was told that if I couldn't do the job perhaps I needed to apply for disability or find another job. (I am a RN) Not wanting to rock the boat I stayed and now have exacerbated my condition trying to assist with lifting dead weight patients. I have applied for FMLA but HR seems to be dragging their feet. Is there any recourse if I am denied?

[GMK]

As I recall, the employer has 5 days to notify employees whether they are eligible for FMLA leave, subject to extenuating circumstances:

http://files.findlaw.com/pdf/employment/employment.findlaw.com_family-medical-leave_fmla-notice-requirements-employer.pdf

Here are some comments about appealing a denial:

http://www.ehow.com/info_8459265_fmla-not-approved.html

[masteff]

Reasonable accomodation is under the Americans with Disabilities Act (ADA) not the Family Medical Leave Act (FMLA). FMLA does have a related feature which has to do with intermitent absence from work due to an on-going condition.

ADA applies if your employer has 15 or more employees. Your initial recourse is to contact the EEOC. http://www.eeoc.gov/laws/types/disability.cfm Use the link at the top-right of that page to find and contact your local EEOC field office at your earliest opportunity.

[Guest RA in Texas]

Thank you.