Fmla Rights Violation Concerns

Summary

Your employer may be violating your FMLA rights if they arbitrarily changed your approved leave without valid reason. Employees can apply for leave up to 30 days in advance for foreseeable conditions, and employers must notify of any certification issues within 5 business days. Consistency in applying rules and past practices is crucial. Consider consulting an employment attorney in Illinois to review your case specifics.

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in Illinois
Hi there! Could you please provide more details about your legal issue in Illinois? This will help me give you more accurate information.
Dear Fmla Team, I am writing to formally request a review of my recent FMLA case, which was initially approved and later denied. I believe the denial is inconsistent with both the Family and Medical Leave Act (FMLA) regulations and past practices within the department. According to FMLA guidelines, I am eligible to apply for leave up to 30 days in advance for foreseeable medical conditions. My previous FMLA leave was set to expire on December *, *. I submitted a renewal request on November *, *, after meeting the required *,* hours worked. My medical certification was submitted on December *, *, well ahead of the December *, *, deadline. Additionally, I called the FMLA department on December *, *, at approximately *:* p.m. to request an extension. I was informed by Watson that I had until December *, *, to submit the necessary documentation. This extension request should not have led to a recalculation of my hours worked. On December *, *, my FMLA request was approved. However, on January *, *, I was notified that my FMLA request had been changed from "approved" to "denied" after I inquired with the FMLA department on January *, *, regarding my FMLA hours. The denial letter sent stated I applied in November and submitted medical certification until December and I was ACCIDENTALLY approved. Please note the exact dates above. Upon reviewing the rollback calendar, I noticed that I was scheduled to begin earning FMLA time on January *, *. it seems the FMLA department is now applying a different rollback date than has been consistently used in the past. Past practices have been the department has based the calculation on the date the request was submitted, not a newly applied date. Additionally, I must express concern over the additional days off required to obtain medical certification. My doctor has already provided the necessary information clearly outlining the need for FMLA leave due to my medical conditions. The request for further documentation/application is causing unnecessary delays and additional hardship, as I should not be required to take further time off when the need for leave has already been substantiated. I respectfully request a thorough review of my case to ensure it aligns with both FMLA regulations and the department’s established practices. I believe my request meets all the necessary criteria, and I would greatly appreciate any clarification or assistance in resolving this matter promptly. Furthermore, I request that the original calculations and dates be upheld, and that my FMLA leave be reinstated as approved. Thank you for your attention to this matter. I look forward to your response and a swift resolution.
It seems like you have a valid concern. FMLA regulations stipulate:
- You can apply for leave up to 30 days in advance for foreseeable conditions.
- The employer must notify you of any issues with your certification within * business days.
Given these points, you might want to consult an employment attorney to review your case specifics. Would you like information on how to find one in Illinois?
Is my employer violating my Fmla rights
It sounds like your employer may be violating your FMLA rights based on the information provided. Here are the key FMLA regulations and considerations:
- Employees can apply for leave up to 30 days in advance for foreseeable conditions.
- Employers must notify employees of any certification issues within * business days.
- The FMLA department should not change approved leave arbitrarily without a valid reason.
- Consistency in the application of rules and past practices is essential.
You might have a strong case. Would you like information on how to find an employment attorney in Illinois?