Legal Question in Medical Leave in Arizona

Employment or FMLA law

I need to discuss possibly filing a lawsuit against my employer. It involves a medical leave that I took back in August, for appx. 2 � weeks. My job was posted on the job line (with a different title so I wouldn�t know it was my job) within 7 working days of my hospitalization, and I was replaced. When I provided the medical release to return to work, I was told that I would be placed in another position within the school district. The job I was placed in is a grade 9, and my previous position was a grade 16. My pay stayed the same, but the job duties and responsibilities are significantly less.

The district is experiencing a severe budget crisis and many lay-offs are taking place. I was told last week that my position is being eliminated. I asked


Asked on 5/26/09, 8:34 pm

1 Answer from Attorneys
Blake Simms W. Blake Simms, P.C.

Re: Employment or FMLA law

Whether you would have against the district any sort of claim will depend on many things. First, in order for the FMLA to apply, the employer in question must employ at least 50 employees. Further, you must have worked at the employer for at least one year in order to be eligible for the 12 weeks of unpaid leave the FMLA provides.

If the above criteria are met, you may have a claim for retaliation under the FMLA. The FMLA makes it illegal to take against an employee who exercises FMLA rights advese employment acts

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Answered on 6/11/09, 4:36 pm


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