Whether you have a case depends upon whether you are covered by the Family & Medical Leave Act ("FMLA"). If not, then you have no case. Generally speaking, to have a case under the FMLA, you would have to show the following: 1. You worked for the employer for at least 12 months before your leave began; 2. The employer has 50 or more employees at your job location, or within 75 miles thereof for a certain period of time set forth under the Act; 3. You worked at least 1250 hours in the 12 month period leading up to the start of your leave (which works out to an average of 24-25 hour/week); 4. You experienced a "serious health condition" as defined by the Department of Labor regulations (there are many ways to prove this); 5. You gave timely and adequate notice of your need for a medical leave to the employer; 6. You provided any medical documentation that the employer requested in writing that you obtain; and 7. You were able to return to work within 12 weeks from the date you started your leave. If you cannot demonstrate all of the above, then you do not have the protections of the FMLA. If you can demonstrate all of the above, then you could possibly have a case under the FMLA.
Answered on Apr 08th, 2013 at 8:37 PM