Legal Question in Medical Leave in Florida

Terminated while on leave

I was terminated while I was on leave. I was informed that my store manager never informed HR that I was on leave. I was due to go back to work Aug.5 and the new store manager who used to be the district manager called me at home and asked me if I was coming back. I informed him that my child had downs and a heart problem and that I wanted to come back but had a few things to take care of for my son. He told me that he would place me on extended leave. I returned to work on Oct.7 and found out that I was considered a rehire because I was terminated after not receiving pay for 3 months. I lost maternity benefits the company has and I lost my sick days that I had left.Also my timeframe for my raise has now started over. Is there anything I can do? Thank You


Asked on 11/11/04, 2:19 am

1 Answer from Attorneys
Bonita Riggens Law Office of Bonita M. Riggens

Re: Terminated while on leave

Under the FMLA your job is protected for 12 weeks but if you take more than 12 weeks leave, you lose all FMLA protection. If you believe you did not take 12 weeks of FMLA leave, you may have been terminated illegally. In that case, you should call the Department of Labor in Tampa at 727-288-1242 and they will investigate.

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Answered on 11/11/04, 9:26 am


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