Legal Question in Employment Law in Florida

medical time off

I work for a company that is less than 30 employees and is not covered by FMLA. I had gallbladder surgery 2 1/2 months ago followed by two weeks leave. I am now suffering from complications of that surgery that requires follow up appointments and possible future surgery. My employer is threatening to either terminate me or reduce my hours because I am ''unreliable''. Is this legal? Same employer has another employee that has been out for more than eight weeks with no call/ no show but still has a job. Do I have any rights here?


Asked on 7/16/07, 9:15 pm

1 Answer from Attorneys
Keith Stern Shavitz Law Group

Re: medical time off

Since your employer is not covered by the FMLA, the only potential angle which might provide you with a measure of protection is if the employer were to be providing more leave benefits on the basis of some protected characteristic such as age, race, gender, national origin, etc. Absent some unlawful form of discrimination, an employer who is not FMLA covered is not required to provide any time off at all unfortunately.

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Answered on 7/16/07, 11:13 pm


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