Legal Question in Medical Leave in Maryland

Am I eligiable

My daughter is 7 yrs old and she has to have her tonsils taken out.She will be out of school for 14 days am i eligable for the family medical leave act


Asked on 12/21/03, 5:02 pm

1 Answer from Attorneys

Re: Am I eligiable

The illness qualifies but you still must meet the other criteria. For example, you must have been employed for 1 year or more and the employer must have 50 or more employees. If not, then the employer is not required to grant leave. (But still may. Check your leave policies, or ask HR or a manager.)

You should make your request for FMLA leave to the employer ASAP (your supervisor or HR), since you are responsible for giving 30 days notice or as much as possible. They may request medical certification, which is fine, but should not deny the leave pending receipt of the certification.

They probably have a form for your daughter's doctor to fill out. Send it to the doctor's office as soon as you can, and make sure the doctor completes it and gets it back to you ASAP so you can submit it. Keep a copy for your records.

The leave is unpaid unless you are allowed to use paid vacation or sick leave. So you might consider whether you can work an alternate shift (when someone else can watch your daughter), or make up the time, or work from home, to cover some of the 14 days. Also, this might help the employer.

Good luck to you, and good health to your daughter.

Jeff Sheldon

Jeffrey L. Sheldon, Esquire

The Sheldon Law Firm

17804 St. Lucia Isle Drive

Tampa, FL 33647

813.986.7580

(f) 813.986.7489

(Admitted in Fl., MD, D.C., and Pa.)

[email protected]

http://www.SheldonLawFirm.com

Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.

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Answered on 12/21/03, 6:07 pm


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