Legal Question in Medical Leave in Indiana

HR Department Indiana State Hospital

Is it legal/ethical for the HR Dept. to make an employee sign a 'notice of intent' for FMLA, then send a letter 15 days later saying ''you are denied FMLA because you didn't submit a signed physician statement in the alloted 15 days? Also, can FMLA be denied if you have no sick leave or vacation time available to be used concurrently?


Asked on 1/12/07, 3:14 pm

1 Answer from Attorneys
James R. Becker, Jr. Becker Law Firm

Re: HR Department Indiana State Hospital

If you are otherwise eligible for FMLA leave, it cannot be denied because you have no available sick or vacation time. With respect to the denial because you didn't submit a signed physician statement, that may be legitimate. However, the remedy for you is to reapply with the medical certification.

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Answered on 1/12/07, 3:52 pm


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