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  1. #1
    Join Date
    Apr 2012
    Posts
    1

    Default Job Abandonment

    My question involves labor and employment law for the state of: California.

    My short term disability for having a c section ended on April 7th. I called in prior to request an FMLA for bonding time. Within a few days I received paper in the mail stating it was approved. I've been off work since then for bonding time. A couple days ago I received a call from Metlife (company that handles leaves for my employer). I returned the call and found out that they have now denied my leave due to not working the 1250 hours to qualify for FMLA. I have not as of yet nor did I prior receive notice in writing that it was denied. I am confused as to why I would then received an approval letter and why it would take that long for them to deny it. Also, what can my company do in regards to my employment because of this?!? Would this be considered job abandonment on my behalf?!? Even though I was under the impression my leave was fine and dandy. I looked for the approval letter but unfortunately it must have been shredded. :[ If it is considered job abandonment does that mean that would be in effect as of April 8th or now?

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    17,324

    Default Re: Job Abandonment

    FMLA eligibility is set by law, not by your employer and not by MetLife. If you haven't worked 1,250 hours in the 12 months preceding the start of your leave, then you do not qualify for FMLA. There's nothing anyone can do about that, and the sad fact is that clerical errors happen.

  3. #3
    Join Date
    Sep 2011
    Posts
    437

    Default Re: Job Abandonment

    Agreed. What you need to do is contact your employer and see what your status is. If you're still employed, then you should discuss making arrangements to return to work asap if that's what you wish to do.

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