What can I do if FMLA denials are affecting my health? Posted on May 25, 2011

I applied for FMLA the first time because I was scheduled to have a surgical outpatient procedure with the recovery period of 3 days. I do not have a diagnosis yet, this procedure was going to tell me what is wrong with me. My first FMLA request was denied due to the doctors office loosing the forms. I have had several flare ups since going to the doctor. One was 5 work days, one lasting two work days and the other one working day. Every time I have a flare up I seek medical attention from my doctor. I resubmitted the FMLA forms and my request has been denied because my employer says my recovery period is too short. The HR person informed me that I have to be approved for FMLA before I can be off for the surgery and they informed my supervisor to discipline me if I took off any previous time for this condition since it's not FMLA approved. I have exhausted my leave balances to date and I have already lost time. They can prevent me from having surgery? Do I have any legal recourse?

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