FMLA Intermittent Leave Claim Denied Over Incorrect Dates

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

The company handling a FMLA intermittent leave claim has denied absences after May 20, 2014, saying it is past the doctor's limits, but I do not know, if any, dates the doctor specified, except a June 2014 date in forms for a Leave of Absence claim filed prior to the intermittent leave claim. This is still past the May 20. 2014 date the company notes in a letter asking for additional information. The letter of approval for the intermittent leave claim notes July 15, 2014 and there has not been any letters noting a change in the claim's expiration noted in the claim's letter of approval.

The company also wrote that the leave specialist cannot contact the client via email, yet the client is getting these letters via email without problem, from the same leave specialist. In fact, it is the same leave specialist that wrote this letter and sent it to the client using the same contact email address, this same leave specialist is claiming does not work.

The leave specialist also sent a denial notification to the client's work, addressed to personnel, the store manager, assistant managers and training coordinators. Do all these people have HIPAA clearance?

Given the claim's denial now official with the client's employer, does this leave a window open for the employer to terminate employment?

Given the denial letter has a date prior to the recorded expiration of the claim in the letter of approval for the claim, is this a breach of contract?

Could the client bring a civil suit against the company handling the claim if the employer terminates the client from their job because of this denial letter?

Could the client bring such a suit even without getting fired, if this is a breach of contract?

Either the doctor's note expresses a range of dates, or it does not. Either the employer, directly or through its agent, asked you for verification of your ongoing disability or it did not. The details of what happened will affect whether or not something was handled improperly.

If you have clear documentation that the doctor expressed that you needed FMLA leave continuing past 2014, and that the doctor's order was communicated to the employer, then you should be able to go back to the company with that documentation. If you were asked to confirm your need, you will need to tell us when that happened and whether you provided any form of confirmation. If you did not respond to a request for confirmation, you will need to provide a time line of the claim and any prior confirmation requests with which you complied, so that people can try to figure out if the demand to which you didn't respond was premature.

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Quoting Mr. Knowitall

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Either the doctor's note expresses a range of dates, or it does not. Either the employer, directly or through its agent, asked you for verification of your ongoing disability or it did not. The details of what happened will affect whether or not something was handled improperly.

If you have clear documentation that the doctor expressed that you needed FMLA leave continuing past 2014, and that the doctor's order was communicated to the employer, then you should be able to go back to the company with that documentation. If you were asked to confirm your need, you will need to tell us when that happened and whether you provided any form of confirmation. If you did not respond to a request for confirmation, you will need to provide a time line of the claim and any prior confirmation requests with which you complied, so that people can try to figure out if the demand to which you didn't respond was premature.

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To note, the company is not the client's employer, but a company that handles the employer's FMLA claims.

The date expressed in certification forms by the doctor is, June 16 2014
The date expressed in the letter of approval written by the company is July 15, 2014

In May, the client received a letter asking for recertification for dates past May 20, 2014. The client did communicate to the company about the May 20, 2014 date being incorrect, but they denied the claim past May 20, 2014 anyway, stating it was past the doctor's expressed date, which it is not. They have the certifications. The client has a copy and so does the doctor that filled out the forms. He scanned them into the client's patient files to have on record.

The answers are no different than the last time you asked this question.

Since you are bound and determined that you have a contract breach, by all means take yourself down to the office of a local attorney, haul out your checkbook, write him or her a check, and file your lawsuit.

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Quoting cbg

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The answers are no different than the last time you asked this question.

Since you are bound and determined that you have a contract breach, by all means take yourself down to the office of a local attorney, haul out your checkbook, write him or her a check, and file your lawsuit.

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This is not about denied absences due to late reporting of the absences. This is about a denial over an incorrect expiration of the claim. These are not the same. If they were, I would have posted this in the other thread.

I stand by my answer.