FMLA wrongfully denied?

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TCecil09

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My 6 year old son has been diagnosed with adhd last august. We struggled throughout the school year with him and saw his pediatrician very regularly to make adjustments and find the right medicine that worked for him. Most of the time my wife took care of going to the appointments and picking him up from school when he was too much to handle. Her employer was very accomodation to her and let her leave as nessesary. Until it got where she was having to leave too often, I stepped in. Once the pediatrician ran through all of his options we were referred to a specialist or child psycologist to further test. This doctor ordered a lot of testing to be done. The main tests were a sleep deprived eeg and an mri. I had to stay up with him from 11pm until his appointment at 7 am. This is the day that I applied for FMLA.

About 2 weeks after I turned in my fmla papers, they called me up to the office to inform me that my day was not approved. This caused me to get an absence which got me terminated. I don't know much about how FMLA works and I probably misunderstood how to use it. I really wasn't given a chance to see if the doctor filled it out properly or does this type of situation just not qualify for fmla leave? It just doesn't feel like I'm in the wrong.

I've been with the company for almost 7 years and never given them a reason to terminate me. In a rolling callender year, we are allowed a max of 6 absences. From 6-1-08 to 6-1-09 I used 5 of those absences to do doctors appointments for my son and I've had the one or two oversleeps that count for half an absence. The unapproved day cost me my 6th absence. They suspended me for 3 days, then they had the option to bring me back with backpay, bring me back without backpay, or terminate me. For whatever reason, they chose termination.
 
Sounds qualifying contact an employment attorney. FMLA is a remedial statute that must be broadly construed to effectuate its humanitarian purpose. And the purpose of the FMLA is "to entitle employees to take reasonable leave for medical reasons," and to help working men and women "balance the demands of the work place with the needs of families."
 
a period of incapacity requiring absence of more than three calendar days from work, school, or other regular daily activities that also involves continuing treatment by (or under the supervision of) a health care provider; or

Sounds like I would fall in this catagory. And I believe that the nurse who filled out my paperwork filled out that it would not be continuing treatment, but it read more like continuous eeg's and mri's would not be needed. We're not done seeing a specialist about his adhd by a long shot. I think the employer's argument was that adhd is not qualified as a serious health condition.
 
While it would seem unjust and unfair for an employer to terminate an employee, especially under these conditions, it is their right to do so under the law. The best thing to do at this moment while you look into possible legal recourse for the possible FMLA violation is to at least have some money coming in for your family. This case would be deemed eligible for unemployment compensation and I would suggest filing for that in the meantime.
 
"a period of incapacity requiring absence of more than three calendar days from work, school, or other regular daily activities that also involves continuing treatment by (or under the supervision of) a health care provider; or"

sounds like i would fall in this catagory for fmla. are there any time limits i need to decide on legal action by?
 
The FMLA permits an aggrieved employee to file a civil suit for monetary damages. Generally, a civil suit must be filed within 2 years of notice of an adverse employment action. If a violation is willful, an employee has up to 3 years to file a civil action. The pendency of a grievance (Union) or some other method of collateral review of an employment decision does not toll the running of the FMLA limitations period.
 
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