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Question: Employment and Labor - South Carolina

Asked on 11/5/2009

I am on medical leave for 1 month and my company has not provided me the FMLA form.

Can I be denied FMLA if the form is not turned in in time? I think I read somewhere that I have 15 days after start of my disability. If the form doesn't get filled out, will that mean that they can let me go?


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Answers (1):

B. B., Member in Good Standing of the New Jersey Bar


If you can prove that the company interfered with your ability to apply for the FMLA leave, you can get a court to prevent them from denying you the leave.  You should write a letter to the company today, saying that you are still waiting for the form;  send it certified mail with return receipt requested.

Should you have any problem going back to work, you need to take your copy of that letter to a good lawyer, who should be able to set the company straight.



  • Answered on 11/6/2009
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