Full question:
I have been employed at a hospital with more than 50 employees within a 75 mile radius. I recently applied for and was granted family medical leave for my 75 year old grandmother in Georgia, who had an emergency leg amputation. I am my grandmother's power of attorney and next of kin. She has no spouse nor living children. My employer now tells me that I cannot take family medical leave for my grandmother; is this in violation of the Family Medical Leave Act? What can I do if they terminate me on the grounds of my family medical leave?
- Category: Employment
- Date:
- State: New York
Answer:
Your employer's denial may be based on the definition of an immediate relative under the Family Medical Leave Act (FMLA). The FMLA typically allows leave to care for a spouse, child, or parent. Since your grandmother does not fall into these categories, your employer may be correct in denying the leave.
If your employer terminates you for taking leave that they deem inappropriate under the FMLA, you may have grounds for a wrongful termination claim. It's important to document all communications with your employer regarding your leave and seek legal advice to explore your options.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.