Legal Question in Medical Leave in Florida

Run-away on Drugs-Mom May Loose Job Per Boss

My nephew is 16 yrs old. Has a drug problem has been admitted and goes to N/A. He has ran away, stole ID's and clothes from department store. Sister is helping authorities find him. But boss is not understanding that she is going through all this now. Can the boss fire her or is she protected under some kind of Family Law. The authorities and hospitals are aware of his mental and drug probems. She is trying to recommitt him. Q is can the boss fire her legally?


Asked on 1/02/01, 7:18 pm

1 Answer from Attorneys
Kelly Henderson

Re: Run-away on Drugs-Mom May Loose Job Per Boss

To determine if your sister is protected by the Family Medical Leave Act (FMLA) requires a close look at the statute. First, to even consider coverage by the act your sister must work for an employer with over 50 employees and she must have been employed for 12 months. The law protects from firing someone caring for their spouse, son, daughter or parent who has a "serious health condition." A "serious health condition" includes a "mental condition that involves inpatient care in a hospital, hospice, or residential care facility; or, continuing treatment by a health care provider." This may be a close call because time off "helping authorities find him" may or may not fall directly under the act. Good luck with this problem and if your sister is fired she may want to discuss these issues in more detail with a local employment attorney.

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Answered on 1/08/01, 10:38 am


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