On April 14, 2015 I called in to work, used my migraine FMLA option, and got a message that I would be sent paperwork for re-certification. My FMLA 12 month period had expired, even though I completed a recertification in late August of 2014. I was deemed ineligible, due to having only one doctor visit coded for migraines within the last year. However, my recertification for this FMLA reason was approved in August, and there was only 1 doctor visit between August 2013-August 2014. I think there was a responsibility for my employer to deny me back in August (when I didn't have provisional FMLA time to cover) and I could have resolved the doctor visit requirement at that time. Instead, I now have 5 days, not covered by FMLA, and have been terminated. I DID recertify successfully on May 11th, 2015 but employer will not cover previous days missed. Do I have a valid argument to get these days covered and my job back?
You should consult with an attorney who not only specializes in handling employment discrimination cases, but one who has a substantial amount of experience handing Family & Medical Leave Act cases.
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