Medical leave denied
Get Legal Help Today
Secured with SHA-256 Encryption
Medical leave denied
I asked for a Medical Leave from work, I was denied, per my
doctors I took it anyway. I was never officially fired nor did
I resign but I was replaced. Now I have been denied
unemployment. Do I have any recourse
Asked on May 15, 2016 under Employment Labor Law, Tennessee
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
There is no right to medical leave, even if your doctors say you need it, from work, *unless* your company was covered by FMLA (at least 50 employees within a 75 mile radius), you were eligible for it (had worked there at least a year, and you had worked at least 1,250 hours in the last 12 months), and you properly requested FMLA leave in advance. Otherwise, if you did not use FMLA leave and your employer denied your request for leave, if you took leave, you effectively quit or resigned: you failed to appear work, which is the equivalent of quitting. (You can quit or resign by your actions; you don't have to actually say or write "I am quitting" to make it a resignation.) If you quit or resign, you are not eligible for unemployment benefits. So while you should continue your appeal--it's worth trying--you need to prepare yourself for the fact that it is most likely that you will not get unemployment, because by unilaterally taking leave, you quit your job.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.