Legal Question in Employment Law in Florida

Re: FMLA? ADA? What to do?

Because you are not protected by the law - neither the FMLA nor ADA nor any other law gives you the right to be absent from work in this case, you need to find a solution with the employer. (Regarding the FMLA, the employees do not all need to be in the same place. So if your employer has more than one location, you may be able to add up all the employees to see if there are 50.) If there is an HR department, you are probably best off talking to them. If not, speak with a trusted manager or someone else with authority to help.

Be familiar with all the leave policies. Can you borrow sick leave? Can others donate leave to you? Is there extended leave? If so, does it apply to you? Even if it does, it is likely without pay, so that takes us back to sick leave.

You want your employer to know that you need to use your sick leave to care for your husband, assuming they allow sick leave to be used like that. Let them know you do not want to leave them shorthanded, and do not want to lose the job. So, you must be willing to compromise. Perhaps you can take part days off, and make up some of the time you miss either later or on weekends or other times of the day. Perhaps there are friends or family who can stay with your husband so you can be at your work at least part-time. Perhaps you can work from home some of the time.

The same basic approach is true once you run out of sick leave. Is extended leave available? Can you work part-time for a while? Can the employer accommodate you in any other way? Try to be creative to make the situation work.

Of course, if you have vacation, see if you can use that. Also, see if you can borrow against next year's vacation.

Also, does your husband have any insurance that would pay for home care? If so, that would allow you to be out of the home at work, at least some of the time. (If he gets SSD, he may become coverd for ome care, but that process will take time.)

In any case, be sure to let the employer know that you are willing to compromise so that you can take care of your husband without hurting the workplace too much by your absence.

By the way, if you quit, you will probably not be able to collect unemployment. If you are fired for excessive absence, you probably can collect.

You are in a very unfortunate situation, and I sympathize. I hope you can work something out.

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.

Re: FMLA? ADA? What to do?

You're in a bad spot because FMLA doesn't cover you and the ADA does you no good either. I would suggest trying to request some type of modified work schedule from your employer and then if they refuse, you'll probably have a better shot at collecting unemployment. Technically, however, if you leave "voluntarily," you may be denied unemployment unless you cause you left because of good cause attributable to your employer.