I was denied FMLA leave for a mental illness and then terminated. does the 3 yr rule apply?

Question

In 2001 while trying to leave an abusive relationship I asked my supervisor for time off because I was having trouble mentally dealing with my ex, my job, and taking care of my two young daughters.  My ex was also harassing me at work.  I was denied the leave and then later terminated for tardiness.  I subsequently suffered a total mental breakdown and was then diagnosed with PTSD, ADHD and major depression.  My job had been my only source of self-confidence.  I am now taking a Women's Studies class in college and learning about FMLA.  Does the 3 year reporting rule apply if I was unaware of the law and was mentally unable to stand up for my rights?

lcr000 · Accepted Answer

unless a DR says you have a mental illness you would not be granted leave, as you did not at the time you were denied, if everyone who diagnosed themselves were granted FMLA there would be no one at work.

? · Answer

No. If you're learning about this why didn't you look up the answer? Many employers are exempt from the FMLA as well.

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I was denied FMLA leave for a mental illness and then terminated. does the 3 yr rule apply?

2 Answers