Hypoxia and Medicine

Is FMLA available if even if you didn't know condition qualified?

Occurrences were medically related, not knowing it was FMLA eligible but did tell employer at "exit interview". I'd accumulated 10 occurrences in a rolling 12 month period due to treatment for ADD/ADHD & depression prescriptions(insomnia/hypersomnolence) and lost my job. I told HR during my exit interview the situation, pleading for a "2nd chance". I then sent them documentation & support from my physician and in an later job interview, when I submitted a letter from my doctor to explain my termination from this previous employer, the HR Manager said that it did qualify for FMLA (which I'd been unaware of previously). My former HR before the job I was terminated from also concurred that even mentioning medical difficulties warranted FMLA being offered at the point of termination and retroactively. Can any legal professional or someone that has been through a similar experience offer me further input?? Thank you so much!

Public Comments

  1. FMLA is for taking time off to take care of or bond with a new child (born to you or adopted) or other sick family member. If you are the sick party, you will need disability, not FMLA
  2. Sorry, I was mistaken, After reviewing the act, you are required in the event of foreseeable leave to give your employer 30 days notice prior to the fact, as per Section 2612. You also have requirements under section 2613 to provide your employer in a timely manner copies of certifications from medical professionals that you would be gone explaining such things as the duration of the illness. Also they do have to have 50 employees within 75 miles, or they're not required to give FMLA benefits.
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