Legal Question in Medical Leave in Indiana

Re: fmla denial

The employer is incorrect. There are a few different ways that your daughter's situation may qualify as a serious health condition. Here, your daughter would qualify if she has been incapacitated by the condition for more than three consecutive calendar days that also involves treatment two or more times by a health care provider or treatment by a health care provider on at least one occasion which results in a

regimen of continuing treatment. It sounds as though her condition qualified for leave under the FMLA. If her job is in jeopardy as a result of this leave, you should contact an attorney for assistance. If you would like, I can be contacted at [email protected] or the number in my profile.

Re: fmla denial

There is no requirement that medication be prescribed for a serious health condition to exist. Did the employer assess an unexcused absence against your daughter or impose discipline? Did she lose any pay or benefits as a result? Your daughter may be entitled to damages if her employer has engaged in unlawful restraint or interference with protected FMLA leave. She should seek legal counsel. I am available at [email protected], or my contact phone number.