Legal Question in Medical Leave in Florida

FMLA vs STD in FL

My husband was just dx'd w/ lupus,

his dr wrote him out of work to get

further testing and treatment. His

employer is making it very stressful

as to if his job will still be there or if

he will be approved for FMLA. He is a

manager and is a ''key'' employee

under FMLA. What are the laws? How

can a person be treated and not be

stressed due to ''cut throat''

employers? Will he be protected if he

uses fmla AND std? What are his

options?

So Stressed in Florida


Asked on 7/06/09, 9:03 pm

1 Answer from Attorneys

William Gwaltney William W. Gwaltney, Attorneys at Law

Re: FMLA vs STD in FL

without reviewing all of the facts it is difficult to to fully answer your question. However, Short term disability is completely independent of FMLA.

STD is simply an insurance policy to pay someone while they are out of work for a covered illness or injury. FMLA is a Federal Act designed to protect the job and guarantee that a person will not lose their job while out of work for a covered condition provided they actually qualify for FMLA. FMLA does provide that an employee should not be retaliated against for taking advantage of the benefit.

You would be best advised to contact an employment attorney in your area so that you can spend some time with them to discuss you particular situation.

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Answered on 7/06/09, 10:06 pm


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