Legal Question in Medical Leave in Florida

Re: Is FMLA leave retroactive to the date the condition began

First, your question possibly implicates the Americans with Disabilities Act and the employer's leave policies. You might have other protections under the law or policies besides the FMLA, but I would need more facts before I could offer an opinion.

As for the FMLA, the first important question is when did the employer know about the illness? It is from that date that you are most likely covered (depending on what the employer knew/was told by you).

There is also an argument tht you are covered for the sick time prior to the notice, if that sick time qualified under the FMLA as a serious illness. However, the regulations are unclear on this issue and I am unaware of any caselaw that clarifies the matter.

Please call me for a free consultation to review the facts and determine how best to proceed. I can better describe the regulations for you as well. If you decide that you need an attorney, I would be glad to consider handling the matter.

Good luck.

Jeff Sheldon

Jeffrey L. Sheldon, Esquire

The Sheldon Law Firm

17804 St. Lucia Isle Drive

Tampa, FL 33647

813.986.7580

(f) 813.986.7489

(Admitted in Fl., MD, D.C., and Pa.)

[email protected]

http://www.SheldonLawFirm.com

Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.