View Full Version : Can I appeal a denial of fmla?
keenos32
Apr 18, 2009, 05:46 AM
I am a teacher at a school district in Arkansas. I took FMLA for major surgery in March of 08. Due to a 10 year domestic violence marriage and added pressure from work and school I became severely depressed. My principal told me to consider taking leave. I began counseling and my PCP put me off work for my depression and I now take medication. My leave was to start March 09. I submitted all of the required paperwork on March 30. I found out April 17 that my leave was denied because I "have only worked 8 months since my last leave." I only used 8 weeks of leave the first time. 8 months is equal to 1250 hours. The 12 months do not have to be consecutive. What can I do to appeal this decision? Am I ineligible? Does my employer have a time limit to notify me of the denial?
keenos32
Apr 18, 2009, 06:30 AM
Additional information:
I have been waiting for my disability to start. They did not submit my paperwork to my insurance company until April 13. I think this is going to negatively affect my claim for short term disability. I have been researching FMLA on the internet. Am I correct in saying that new regulations stipulate that the 12 months do not have to be consecutive? And even if they do, I just found out yesterday that I was denied. Now I have no income. I thought the law was that my employer had to notify me in five days now instead of two. I just don't want to loose my job. I am now a single parent and I need to work.
Fr_Chuck
Apr 18, 2009, 06:34 AM
You can appeal to the school board, if they deny and fire you, then you can sue them in court for violaton of your right under the law.