I have been denied twice for intermmintent FMLA leave and I have 2 chronic medical conditions I have chronic sinusitis/ear infections and also I have a severe case of Mitral Valve Prolapse which I have been to the hospital for 5 times in the past year. When I have ear infections at there worst I have servere vertigo and having trouble even standing without falling which was all submitted by my Primary Doctor.And since I have been denied I have had to delay treatment because my employer works on a PTO basis and points are given regardless of the situation unless 24 hours notice is given and you have PTO time to take ( if your sick you get a point the 1st day and a MD note prevents you from getting points the days following). We also work a accural of time off system. I get 5.25 hour every 2 weeks, in Oct of last year I had 40 hours to carry to 2007 I have since used all of it and now since applying and being denied 2 times I have had to take time off when I have none and been wrote up for accural of points Ifeel I did my part to insure my job stability while I can get the neccesary treatment to become the employee I was before becoming sick, Before becoming sick I had one occurance point and now I'm at 7 I have had my husband drive me to work because of the vertigo I suffer from and be on the phone caring about other peoples health issues when my employer doesnt care about mine! I have became depressed and feel like I'm between a rock and a hard place because I need my my job/insurance to be treated for my conditions but if I don't care of my health I am having to wait a month to get one day off for my MD appointment which I try to do alot in 1 day but this is now not only effecting me Physically but mentally. Myself and family are suffering is this legal?
Anyone PLease give me a direction I should turn!!!!!!!!!!

I am not an expert on this subject, but I do believe we need to know a few more pieces of information before someone can give you an opinion. FMLA is not an automatic benefit. And it does not apply to all employers and employees.

1. What was the declination reasons before?
2. Is your employer subject to FMLA?
3. Are you eligible for FMLA, as an employee have you met your hours?

1. The reason given for declining both times was my conditions aren't warranted for FMLA
2. Yes they have more than 50 employees and they offer FMLA
3. I have been a full time employee on June 28 will be 2 years. Working atleast 40 hours per week.

Not sure what you mean is my employer subject to FMLA if they offer it they have to follow the regulations right?

You might also want to ask your employer for special, on-the-job accommodations for your conditions. It's been a long time since I researched what the definition of 'disability' is for the Americans with Disabilities Act, but it might be possible. If you do ask for accommodations, you need to be very specific of what they would be.

My employer only gave me 2 options work a 10 hour day and take a day of for appointments or work a 32 hour week with a day off, the problem is after being denied I have went to my MD for appointments during lunch and she has ordered stat testing, one sending me immediately for a catscan the other the emergency room I have to give 1 weeks notice or atleast before Monday of that week on working a 32 hour shift or working four 10 hour shifts. which when you become very ill you don't have the luxury of knowing when you
will need to be absent ,because I have been working sick and some days I just cant do it. I voiced this to the human resource department when I was wrote up for my occurences and was told the attendance points work the same for everyone sorry. I have also told them the offer of the 10 hour shifts and 32 hour weeks only work for appointments not the recovery and sickness that continuies to happen due to the long time it is taking to get treated because of their denials. And was told it was my job to make it work.