Legal Question in Medical Leave in Florida

Re: son is sick

The FMLA covers "serious health conditions" which basically require hospitalization, 3 days of illness or ongoing doctor's care. Usually, a one day bug is not covered. So, you would have to look to your employer's sick leave and other policies (such as discipline) to see what you are entitled to. If the policies allow the employer to take action, such as requiring you to cover your shift or disciplinary action up to discharge for missing work, then it is probably legal as long as they do not treat you differently from others who take sick leave. In other words, other similar people (those on the same shift under the same supervisor doing the same work) must also be told to cover their shifts during absences. If not, then it might be discrimination based on sex (because you are a mom) or some other characteristic. But those are hard cases to make.

If the condition was serious enough that your son was sick for three days and/or saw a doctor, then you might be able to come under the FMLA. You can re-post with more information if there is any.

Good luck.

Jeff Sheldon

Jeffrey L. Sheldon

The Sheldon Law Firm

CAVEAT: This is only general advice based on limited facts and knowledge of the situation. It thus can not be relied upon as legal advice nor it the author responsible or liable for any actions by the parites involved in the matter.