Legal Question in Medical Leave in Florida

Re: Florida Medical Leave Act

Depending on the nature of your father's condition, it may also be a violation of the Americans with Disabilities Act. Your father should consult with an experienced labor and employment attorney to discuss his rights and how to best go about protecting them.

For more information about disability discrimination law, you can visit my website, www.memphisemploymentlawyer.net. You can also visit the EEOC website at www.eeoc.gov.

Re: Florida Medical Leave Act

Sorry to hear about your dad - I hope his recovery goes well.

The law is actually called the Family and Medical Leave Act, and it's a federal law. If the employer has over 50 employees, and your dad was with the company at least 12 months total, and worked at least 1250 hours in the 12 months immediately prior to the sick leave, he is entitled to FMLA coverage as long as the employer knew there was a heart condition or something serious (not just "sick leave").

If he thinks he is covered, he or a representative can call the company and tell them they can not lay him off. If they refuse to comply, you can file a complaint for free with the U.S. DOL (dol.gov - they cover FMLA), or hire an attorney, or sue in federal court (expensive - should be last resort).

If the condition is permanent and substantially impacts a major life activity - breathing, working, walking, etc., then he may also be covered by the state and federal anti-disability discrimination laws including the ADA.

There may also be some age discrimination going on. If they do not lay off workers under 40 who do the same job when they have serious health issues, and your dad is over 40, then it may be illegal disparate (different) treatment.

Discrimination claims (age and disability) can be filed for free with the EEOC or Fl. Human Rights Commission. There are time limits so do not wait too long. If you do file, be sure to "dual file" under both state and federal law. The investigator can explain that to you.

Since they actually fired him he should file for unemployment if he has not already while he tries to get his job back. I do not usually recommend legal action, but this case sounds like one where it may be necessary.

Try to negotiate first with the company, see if you can get them to put their position in an email, and then you can decide whether to file complaints with DOL and EEOC, get an attorney and/or sue.

If you need an attorney, feel free to email directly to me.

Good luck and good health to your dad.

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.