Legal Question in Medical Leave in Florida

Medical leave info

My mom has been working for this company 2 years now, she is very sick with a condition and her doctor gave her a letter informing the employer that she needs to take 5 weeks medical leave. Her supervisor called her doctor to ask questions apparently he did not believe on the letter, also he said because they don't have enough workers he won't give her the time, and if she takes the time anyway they will fire her.

What can she do in this case?

Thank you for your help


Asked on 10/04/02, 2:39 pm

1 Answer from Attorneys

Re: Medical leave info

An employer does have the right to speak to the treating doctor to confirm the employee's condition. The Family Medical Leave Act has some exclusions for "key" employees and a company probably would not have to give job protected leave to a member of top management. In addition, you do not say how big the company is because small employers are not required to comply with this law. You may want to check with the Department of Labor which enforces the FMLA at www.dol.gov for more details on coverage. Your mother should talk to Human Resources at her company as they may know more about the legal requirements of the FMLA than a line supervisor. Send me an e-mail if there is anything specific I can help you with.

Read more
Answered on 10/04/02, 4:33 pm


Related Questions & Answers

More Family Medical Leave Act questions and answers in Florida