Leave denial from work?


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So I am still waiting on my work approval for leave for surgery. I'm afraid they'll deny it since it isn't under fmla. This is because My hours for fmla are used until may from me bringing my mother in law to appointments for radiation and chemo. Can an employee deny unpaid time off for surgery that isn't fmla?

If they do I'll have to wait until may or June to apply for fmla again.

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What do you mean by it isn't under FML? I'm no expert on the matter but this would be a separate filing under FML would it not? Does your company give you X amount of paid hours for FML leave?

When I turned it in to my employer I had to fill out the FML paperwork. The way it worked for me is that they require you to use your vacation time first, and once those hours are burned up it then kicks into FML (which was unpaid leave for me).

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Yes, they can legally deny you (IANAL). You've used up the allotted time, and this isn't an ADA case.

That being said, they'd be jerks if they did.



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I've had employees go out on FMLA in order to seek cancer treatment. You are allowed 12 weeks FLMA per year. Have you really used up 12 weeks out of the last 52? If so, you have no choice but to wait.

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What do you mean by it isn't under FML? I'm no expert on the matter but this would be a separate filing under FML would it not? Does your company give you X amount of paid hours for FML leave?
When I turned it in to my employer I had to fill out the FML paperwork. The way it worked for me is that they require you to use your vacation time first, and once those hours are burned up it then kicks into FML (which was unpaid leave for me).



Yes fmla gives you a certain amount of time you can take within a year. I've used all those hours bringing my mother to cancer treatments last year. We can decide what type of leave we would like to use for fmla. It can be paid, sick, or leave without pay.


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I've had employees go out on FMLA in order to seek cancer treatment. You are allowed 12 weeks FLMA per year. Have you really used up 12 weeks out of the last 52? If so, you have no choice but to wait.



Yes that is the case. I have used 12 weeks since I applied last year. Looks like I'll have to wait.


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Yes, they can legally deny you (IANAL). You've used up the allotted time, and this isn't an ADA case.

That being said, they'd be jerks if they did.







I see I guess from my reading the ADA I misinterpreted it. It says surgery is covered..


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I see I guess from my reading the ADA I misinterpreted it. It says surgery is covered..


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"Medical and disability-related leave rules: The ADA does not specifically require employers to provide medical or disability-related leave." --from the US Dept. of Labor (https://www.dol.gov/odep/pubs/fact/employ.htm)

Sorry. I'm rooting for you.



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"Medical and disability-related leave rules: The ADA does not specifically require employers to provide medical or disability-related leave." --from the US Dept. of Labor (https://www.dol.gov/odep/pubs/fact/employ.htm)

Sorry. I'm rooting for you.






Dang! Also says:

However, it does require employers to make reasonable accommodations for qualified employees with disabilities if necessary to perform essential job functions or to benefit from the same opportunities and rights afforded employees without disabilities. Accommodations can include modifications to work schedules, such as leave. There is no set leave period mandated because accommodations depend on individual circumstances and should generally be granted unless doing so would result in "undue hardship" to the employer.


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19 minutes ago, Mandat89 said:


Yes fmla gives you a certain amount of time you can take within a year. I've used all those hours bringing my mother to cancer treatments last year. We can decide what type of leave we would like to use for fmla. It can be paid, sick, or leave without pay.


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Ah, that's right. I haven't been a supervisor for a few years so I'm not as familiar with all the rules & regs like I used to be. It sucks but it would probably be best to wait. At least that way if you need to take time off for any reason after surgery it's something that will be covered, which in turn covers your butt. Hope it works out for you. If you have to wait don't get discouraged. The time will go by quick enough.

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