Yes. Employees who are covered by the FMLA may take leave to receive “continuing treatment” from a health care provider, which can include recurring absences for therapy treatments such as physical therapy ordered by a doctor after a hospital stay or for serious health conditions.
Can Employers Refuse Fmla?
A covered employer cannot deny an eligible employee’s FMLA leave request. Your employer cannot require you to perform any work while you are on FMLA leave. It is also illegal for a covered employer to retaliate against an eligible employee who requests FMLA leave.
What Happens If My Employer Is Denied Fmla?
If you are denied FMLA leave, you can file a lawsuit and seek compensation for lost wages or damages. An employment attorney can assist you in filing your lawsuit.
Why Would An Employer Deny Fmla?
FMLA requirements specify that employees who do not have a “serious medical condition” as defined by the FMLA may not be eligible for FMLA benefits. A physical or mental ailment may not be enough to qualify an employee for disability benefits if they suffer some form of incapacitation.
How Can Fmla Be Denied?
In the event that an employee does not provide either a complete and sufficient certification or an authorization that allows the health care provider to provide a complete and sufficient certification to the employer, the employee’s FMLA leave request may be denied.
Can You Sue If Fmla Is Denied?
Back Pay. A lawsuit can be filed by employees who lost wages or benefits as a result of their employer’s interference with FMLA. In a lawsuit, all parties are responsible for mitigating damages, so even if an employee is wrongly terminated, he or she must actively seek employment.
Can I Be Fired If Fmla Is Denied?
It is possible to file a claim for workplace discrimination if your employer denies you the privileges you are entitled to under the Family and Medical Leave Act (FMLA). FMLA harassment, however, can result in your being fired if you are on FMLA.