Legal Question in Medical Leave in Florida
When family medical leave begins
My wife's employer is telling her that she must take her family medical leave starting on the day she gives birth to our child. They will not allow her to use any sick days or vacation time prior to using her family/medical leave. They have gone on to say that the law requires her to begin her family and medical leave on the day she enters the hospital. Is this true?
1 Answer from Attorneys
Under the FMLA the physician's certification is the key
If there is a medical reason for wife to be released from work, then upon presentation of a doctor's release, the employer must either honor the release or get a second opinion. So.... See what your doctor can do to help you out. All of this assumes your wife qualifies for FMLA leave
FMLA applies if your wife's employer to 50 employees within a 75 mile radius. If this criteria is satisfied, you may be entited to federal FMLA leave. I am not licensed in your state yet. So, I can't advise you on any state claims you may have. Contact a lawyer immediately. If you have trouble finding one, just yell. Of course, in order to receive legal advice you can use, you should have a personal interview with a lawyer. The comments I have made are general and may or may not apply to your situation.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
