Legal Question in Medical Leave in Florida
Is FMLA leave retroactive to the date the condition began
I started suffering from a medical condition on 1/20/04 and began missing a lot of work.I qualify for FMLA and I submitted the proper form to my employer on 2/12/04. The date that the condition commenced was 1/20/04 on the FMLA form the doctor put that date. I was demoted for my absences and my employer states that they will only excuse absences after 2/12/04.Are they justified in doing this?
1 Answer from Attorneys
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.)
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.