Legal Question in Medical Leave in Florida

I am an employee of JP Morgan Chase. I was approved for FMLA due to chronic asthma for 480 hours. I have only used this a few times however, I recently got promoted into a job advancement project which provides opportunities to advance my career with in the company. I however, becamse ill under my illness and had to use 8 days of FMLA. Prior to leaving, I had received positive feed back and that by job performance was stellar. When I returned, I was informed that due to my availability under FMLA as well as the "business need" I was no longer qualified to work under the project. When I asked if my performance had anything to do with the decision I was told no. It was an issue of being out under FMLA and someone needed to be there. I know this is a big company and I am small compared to this. However, I just wanted to know if this is a violation of FMLA Employee Rights.


Asked on 6/22/11, 9:12 am

1 Answer from Attorneys
Betty Tsamis Tsamis Law Firm PC

This could be viewed as interference with your rights under FMLA. In order to be excused from FMLA complaince, an employer must show you are a "key" employee. From what you described, you are not a key employee. Feel free to contact us if you have any questions.

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Answered on 6/22/11, 9:34 am


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