Legal Question in Medical Leave in Florida

Employer did not submit FMLA request, therefore, no leave

I was in the hospital for 9 days and my husband went to my employer and requested FML. Two days after I got out, I went to my employer and was told they did nothing, not short term disability, no FML. I called again a month later requesting leave for my condition. No contact from employer this entire time. Now a month later, I find out I have been terminated. Do I have any recourse? Now will future employers get a ''fired'' notification when they check work reference? I did not quit.


Asked on 3/07/05, 10:55 pm

1 Answer from Attorneys
Bonita Riggens Law Office of Bonita M. Riggens

Re: Employer did not submit FMLA request, therefore, no leave

In order for your employer to be subjected to the FMLA, the employer must have at least 50 employees within a 75 mile radius. If they are covered, then you must have worked for the employer for at least one year and worked for at least 1250 hours. If these conditions are met, you may have a claim for FMLA retaliation. You should contact an employment attorney immediately. Also, you can find out more information on the FMLA at www.dol.gov. On the upper right corner of that page there is a Search/A-Z index. Click on F, then FMLA and it will take you to a page with a lot of information on the FMLA.

Read more
Answered on 3/08/05, 6:35 am


Related Questions & Answers

More Family Medical Leave Act questions and answers in Florida