Why can’t certain employees be denied medical leave?

On Behalf of | Jul 25, 2015 | FMLA |

There is never really any way of knowing when illness will strike. When people do find themselves ill, they may have to take time away from work to recover. They may also need to take leave if there’s a family member that they take care of who is suffering from a serious medical condition. Even though an employer may not like the fact that their employee needs to take time off due to a health issue, certain employees cannot be denied FMLA when it is requested.

In Indiana, and in other states, not every employee is able to take medical leave when they request it. There are certain requirements they must meet before they can be granted leave. The employees who cannot be denied medical leave are the ones who have worked for their employer for at least a year, completed 1,250 hours of work and are employed by a person or company that has no less than 50 employees and is considered a private or government employer.

With laws protecting private and government employees from being terminated from their positions for taking medical leave, if their employer chooses to retaliate against them, the employee may be able to file a claim against them. In order to be sure if there can be a claim filed against your employer if they decide to terminate you after you take a medical leave, you may want to speak to an attorney. Not every employer allows employees to take medical leave, so consulting with an attorney can help shed some light on whether or not your employer can, in fact, deny your request for leave.

Any employee who has been terminated and has questions about FMLA may want to get in contact with an employment rights attorney. These types of attorneys are familiar with employment rights cases and may be able to clarify rules and laws in your state. If you were wrongfully terminated or retaliated against for taking medical leave when you were, in fact, allowed to, you may have a case.


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