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?

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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.

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.