Legal Question in Medical Leave in California

I have been on FMLA for two years due to debilitating Migraines. Both times my FMLA was approved. Last year I used up my 480 hours of FMLA time before a year was up. Since then it is a new year and I have worked past the 1,250 hours required to qualify again. Whn I ask my HR department when I'll be eligible for FMLA again I am never given the answer I am looking for I just received "Quotes from the FMLA fact sheet. I have even asked for a breakdown in hours and how close I was to qualifing and I was told that because my doctor put that my condition is permanent they have to check at the end of each month..WHY??? Can you help me with an answer

Asked on 4/26/12, 4:31 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

You already know your eligibility answer, and quoted the rules in your question. One year and 1250 hours to qualify. for another leave. Close doesn't count. Yes, the company can require regular doctor verification of continuing need, to minimize fraudulent use of leave.

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Answered on 4/26/12, 4:45 pm

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