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Employment Law/FMLA question


Hello Sir,

Husband had lung cancer surgery. I informed 3rd party company I needed 2 weeks off after surgery for his care, they approved intermittent leave. I was not aware there were different ones, now they contact me and say I took more than 3 days off not approved. What do I do? Doctor says husband needs daily care to 11/6/2013 and transportation to dr. appts which are a LOT.

Kay: Your posting says you are in the UK but since you specified the FMLA, a US law, I am assuming your question pertains to the US law.  I am not knowledgeable about employment laws outside the US.

Under the FMLA, the amount and frequency of any leave depends on what your health care provider (HCP) said in the medical certification form submitted to the FMLA administrator.   If your HCP certified you for two weeks of leave to care for your husband (and I am assuming you meet the basic eligibility requirements, since some leave was granted), then you should have been given two weeks, under most circumstances.  If you do not have a copy of your medical certification you should contact the HCP office and find out what they certified.  If they did certify the full two weeks you asked for, then you have the right to appeal the denial.  Your employee handbook or other written FMLA policy from your employer should tell you how to do that.  

For much more information about the FMLA, check out this website:

I hope this is helpful. Please post a follow up if you have additional questions.  

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Frank C. Magill


I can answer questions about any U.S. labor or employment law question. I cannot answer questions about non-US law. I am not a specialist in employee benefit law (ERISA and HIPAA) or Workers' Compensation law, but will do my best to point questioners toward good resources availabe online. Expertise includes, without limitation, EEO/Affirmative Action/Employment discrimination (Title VII, Age Discrimination in Employment Act, Americans With Disabilities Act, GINA, Fair Credit Reporting Act as applied to employment); Fair Labor Standards Act; Texas labor code; Family Medical Leave Act; employee compensation; discipline and dismissal; force reductions, severance pay programs and administration; collective bargaining, union representation, grievances and arbitration, National Labor Relations Act and National Labor Relations Board; employee handbooks; staffing; dispute resolution outside of traditional labor agreements; employee communications; employment policies and compliance programs; codes of ethics; employment or labor litigation.


30+ years experience as corporate counsel for a Fortune 100 telecom company, specializing in labor and employment law issues. In addition to providing day-to-day advice to my company's internal HR leadership and staff, I've represented the company in numerous labor arbitration cases and at the bargaining table.

Texas, Illinois and Missouri state bars

J.D. 1979, Harvard Law School. B.A., Summa Cum Laude, 1976, Illinois Wesleyan University.

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