Legal Question in Medical Leave in Iowa
Disapproving previously approved FMLA
Can a Federal employer (US Postal Service), go back and disapprove FMLA leave slips that it has already approved? If not, what are the consequences of altering the 3971's (leave slips) to read "disapproved" instead of "approved, FMLA"?
1 Answer from Attorneys
Revocation of Approval for FMLA Leave
It is unclear why the employer has revoked its previous approval of leave as leave under the Family Medical Leave Act. Section 825.312 of the regulations governing the Family Medical Leave Act indicates that the employer may refuse to provide FMLA leave for certain failures of the employee to provide information required under the FMLA. The regulations do not prohibit an employer from determining that the leave taken does not qualify under the FMLA. If the employer is incorrect, however, then it might face sanctions and penalties under the Act. You should consult an attorney in your area to discuss the particular facts as they pertain to your employment, to determine how to protect your rights.
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