Legal Question in Medical Leave in Florida
pregnancy leave
After I filled out paperwork to take my ''corporate medical leave'' I was called 4 weeks later and told I no longer had a job because of the downsizing. I did not qualify for the FMLA because I have only been employed for 10 months, but I did sign a medical leave form stating the company would authorize such a leave for up to 12 weeks. If I would have known I was going to be released I would have looked for another job. Now I am looking for a job without any recourse and this company gets off with abusing its employees. Is there not some type of federal law like ''WARN'' or a severance package that I can fall back on?
1 Answer from Attorneys
Re: pregnancy leave
WARN only applies to plant closings and mass layoffs of 50 or more employees (where at least 33% of the workforce is affected). If you think that is the situation at your workplace, it is worth looking into.
Also, severance is not mandatory. It only applies when the employer has a contract or policy that grants it.
Otherwise, there may be some type of disability discrimination if the company downsized mostly people on leave, but that is a tough case to make unless those people are covered by the ADA or Florida law. That is, if most had long-term disabilities that are protected by law, there may be a case - but probably not.
If your leave was based on a long-term disability, it may be worth a conversation just to get the facts. Please feel free to call for a complimentary consultation.
Last, you should of course apply for unemployment benefits if you have not already.
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.
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