Legal Question in Medical Leave in Florida

Re: termination

The facts you provided suggest the Company took an adverse employment action against you by virtue of your need for leave. If you have worked for the Company a minimum of 12 months, have worked 1,250 hours or more during the 12-month period preceding the commencement of leave, and are employed at a worksite where 50 or more employees are employed by the Company within 75 miles, then you are eligible for leave under the Family Medical Leave Act (FMLA) under certain circumstances. If you are eligible for FMLA leave, you will be allowed up to 12 weeks of unpaid leave within a 12-month period for the following reasons:

(i) The birth or adoption of a child;

(ii) The placement of a child with you for foster care;

(iii) To provide either physical or psychological care for a child, spouse or parent who has a serious health condition; or

(iv) To care for your own serious health condition.

A "serious health condition" is an illness, injury, impairment, or physical or mental condition that demands either inpatient care at a health care facility, involves a period of incapacity of more than three consecutive calendar days and includes the need for continuous treatment by a health care provider, involves incapacity due to pregnancy, involves a chronic condition requiring treatment, involves a permanent/long term condition requiring supervision of a health care provider, or involves a non-chronic condition requiring multiple treatments by a health care provider.

Based on the information you provided to my firm, we are unable to determine whether you have a claim under the Act or at least a claim which our firm would pursue on a contingency fee basis.

It was a pleasure hearing from you and we sincerely wish you the best in the future. Please keep our firm in mind if you or any of your family and friends had any legal needs. As you may know, our firm handles cases involving consumer, commercial and employment litigation. We also practice some technology law, form simple corporations, and draft wills and trusts for clients if the gross taxable estate of less than $1,000,000.00.

Re: termination

I'm sorry to hear of your problem.

Unfortunately, if the job was truly eliminated, then it is legal. The law allows the employer to take any action it would have taken anyway, even if you never left for leave. That includes eliminating jobs.

But if the job still exists - maybe it was filled by someone else, or was renamed, then this is just a pretext to refuse to rehire you. That would be illegal.

In either case, you can call the U.S. Dept. of Labor, ask for the FMLA office (wage and hour division), and file a complaint with them. They should investigate for you to see exactly what happened.

You can also sue privately, but that is very expensive and time-consuming so not worthwhile unless you know you have a strong case.

You can also ask the employer if they have any other position they would consider you for. (You are not legally entitled to it, but perhaps they will try to help you.)

In the meantime, you can apply for unemployment and of course should search for another job. Perhaps you will find something much better.

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.)

[email protected]

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.