Question:
On what grounds can an employer deny an employee the leave under the FMLA

My first consultation is tomorrow with my surgeon. Maybe this is thinking a little too far in advance, but I have decided that I am not going to tell anyone at my work what I am doing. I am just going to tell that that I am having major abdominal surgery and it is something personal and I don't want to talk to anyone about it. I was told that by law, I am not required to tell them what kind of surgery I am having. Upon scanning through some profiles, I came across a women that was denied her time off under the Family Medical Leave Act. Her company said that something major in their agency was going on and she couldn't take the time off at that time because they needed her there to help. Can a company actually do this? I thought that if your doctor filled out the FMLA form, they HAVE to approve the leave. How would something like this affect me in my situation, where I am not telling them anything? What would be some grounds for denying the leave, and what are the consequences? For all they know, I am having a kidney removed!!! Thanks    — enjo4 (posted on June 28, 2000)

June 28, 2000
Thats a good question. Try this number, maybe they can help. Department of Labor FMLA Hot Line for questions about the FMLA 1-800-959-FMLA. Good luck tomorrow :)
   — Jason B.

June 28, 2000
Here is the full text summary of FMLA from the Dept. of Labor web-site. http://www.dol.gov/dol/esa/public/regs/compliance/whd/1421.htm. Basically, if you have worked the number of hours qualified you are eligible if your company employs more than 50 hours. Also, if the event is forseeable (i.e. your surgery date!), you must request leave 30 days in advance or it can be denied. Another suggestion for you - request intermittent family leave to cover your post-op doctor's appointments, work an irregular schedule after your 6 weeks, or become ill and need to go home after returning to work. You won't regret it because they can't deny you the time if you need it. It's working great for me. Just stay on top of the situation to "ensure you comply so they don't deny." Good luck!
   — [Deactivated Member]

June 28, 2000
Also, I think that under the FMLA statutes, there is a requirement that your employer have at least 50 employees .... you may want to check the link below to be certain. Good Luck!
   — Rene` B.

June 28, 2000
Rene' is right. I accidentally typed 50 "hours" instead of "employees".
   — [Deactivated Member]