Legal Question in Employment Law in Florida

Re: Florida ''Right To Fire''?

It depends on whether the act applies to you (the employer must have at least 25 employees, for instance). Then, it depends on if you have a "serious health condition."

The Act applies:

1. for the birth and care of the newborn child of the employee;

2. for placement with the employee of a son or daughter for adoption or foster care;

3. to care for an immediate family member (spouse, child, or parent) with a serious health condition; or

4. to take medical leave when the employee is unable to work because of a serious health condition.

"Serious health condition" means an illness, injury, impairment, or physical or mental condition that involves:

any period of incapacity or treatment connected with inpatient care (i.e., an overnight stay) in a hospital, hospice, or residential medical care facility; or

a period of incapacity requiring absence of more than three calendar days from work, school, or other regular daily activities that also involves continuing treatment by (or under the supervision of) a health care provider; or

any period of incapacity due to pregnancy, or for prenatal care; or

any period of incapacity (or treatment therefore) due to a chronic serious health condition (e.g., asthma, diabetes, epilepsy, etc.); or

a period of incapacity that is permanent or long-term due to a condition for which treatment may not be effective (e.g., Alzheimer's, stroke, terminal diseases, etc.); or,

any absences to receive multiple treatments (including any period of recovery therefrom) by, or on referral by, a health care provider for a condition that likely would result in incapacity of more than three consecutive days if left untreated (e.g., chemotherapy, physical therapy, dialysis, etc.).

Re: Florida ''Right To Fire''?

I would ask for an accomodation in writing. Whether the ADA, Florida Civil Rights Act or FMLA apply to you would depend upon the size of your emploeyr and its policies. Please call or e-mail me if you have any further questions.