Legal Question in Employment Law in Florida

employment law

If I am on a medical leave of absence can the company demote me from a managerial position


Asked on 6/16/08, 9:59 pm

1 Answer from Attorneys

Bob McCormack Lewis Brisbois Bisgaard & Smith LLC

Re: employment law

If you qualify under the Family and Medical Leave Act, you are entitled to up to 12 weeks (and sometimes more) leave per calendar year. In order to qualify, you must have a serious health condition and have worked a minumum of one year and 1250 hours.

Once on qualified FMLA leave, you are entitled to be returned to a substantially similar position. This requirement may not apply if you have been designated as a "key employee" under the FMLA. You should contact an attorney to discuss all the particulars if you meet the minumum criteria for FMLA qualifying leave.

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Answered on 6/17/08, 10:25 am


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