Legal Question in Medical Leave in Florida

Re: Should Employer Use FML Coverage?

The employer has an obligation to apply FMLA protection to covered absences, but only if the employer has enough information to know the absence should be covered, or enough information to have reason to investigate further. For example, if the employee calls in and says "I need time off due to the panic attacks", then the employer is on notice there is a potential FMLA issue. If the employee merely says "I need sick time", the employer has no FMLA obligation. (Although the employee could argue the employer should have known, the courts have not held employers to such a standard. They need only be reasonable, not mind readers.)

Please email directly if you need to hire an attorney for a legal opinion or other FMLA help.

Good luck.

Jeff Sheldon

Jeffrey L. Sheldon

The Sheldon Law Firm

CAVEAT: This is only general advice based on limited facts and knowledge of the situation. It thus can not be relied upon as legal advice nor it the author responsible or liable for any actions by the parties involved in the matter.