Legal Question in Medical Leave in Florida

Re: family leave act

I'm terribly sorry to hear of this tragedy. I wish you the best in coping with this.

As for the FMLA, you have to have worked for the employer for 12 months total - not consecutive; and you have to have 1250 hours of work (actual work - not sick leave or vacation or other leave) in the 12 months immediately preceding the beginning of the leave. For example, if you want to start leave on 2/24, you need to have worked 1250 hours from 2/24/6 to 2/24/7.

Here is the law from the DOL website (dol.gov) - sec. (b) says the 12 months need not be consecutive. You can print it from http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_825/29CFR825.110.htm and show it to the employer:

29 CFR 825.110 - Which employees are ``eligible'' to take leave under FMLA?

(a) An ``eligible employee'' is an employee of a covered employer

who:

(1) Has been employed by the employer for at least 12 months, and

(2) Has been employed for at least 1,250 hours of service during the

12-month period immediately preceding the commencement of the leave, and

(3) Is employed at a worksite where 50 or more employees are

employed by the employer within 75 miles of that worksite. (See

Sec. 825.105(a) regarding employees who work outside the U.S.)

(b) The 12 months an employee must have been employed by the

employer need not be consecutive months. If an employee is maintained on

the payroll for any part of a week, including any periods of paid or

unpaid leave (sick, vacation) during which other benefits or

compensation are provided by the employer (e.g., workers' compensation,

group health plan benefits, etc.), the week counts as a week of

employment. For purposes of determining whether intermittent/occasional/

casual employment qualifies as ``at least 12 months,'' 52 weeks is

deemed to be equal to 12 months.

Of course, the leave also needs to be for a "serious health condition", such as stress that requires ongoing care.

If you need an attorney's help dealing with your employer, please email directly to me to discuss the matter.

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 is the author responsible or liable for any actions by the parties involved in the matter.