Legal Question in Medical Leave in Florida

Re: less than 12 weeks?

I'm sorry to hear about your grandson. I hope things turn out well.

If both your daughter and her employer come under the law, then she can take time off under FMLA for a serious illness affecting her son.

First, the employer must have 50 employees in order to be subject to the law.

Second, your daughter must be employed by the employer for at least 1 year, and must have worked at least 1250 hours in the past year, to be eligible for leave.

If they are both covered, she should give notice to the employer as soon as possible that she needs the leave to care for her son. I recommend that she do it in writing, such as by an email to her supervisor or HR department. Nothing fancy. Just explain that her son is seriously ill, will be undergoing medical testing, and she needs to have the time off under the FMLA to be with him. She should state when she needs the leave and estimate when she will return. Of course, she should tell her supervise personally as well, out of courtesy and for good relations.

The leave can be used in full days or less (intermittent leave is allowed so if she wants to work part-time she can ask for that), as long as it does not exceed 12 weeks in a year. She should be sure to return to work when she says, or let the employer know as far in advance as possible if more leave will be needed. Of course, she must not exceed the 12 weeks or the employer could discharge her.

She should also ask what else the employer requires for the leave. For example, they might want a doctor's note. That is allowed, but they should not delay the leave. It should be granted pending receipt of the doctor's letter in a reasonable amount of time. (Doctors can be slow.)

Good luck.

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.