Legal Question in Civil Rights Law in Georgia

Age Discrimination

Does an employer have to hold a job for me for 3 mos when I have surgery.


Asked on 2/18/09, 10:45 am

1 Answer from Attorneys

Gregory Fidlon Law Offices of Gregory R. Fidlon, P.C.

Re: Age Discrimination

If the employer is covered under the Family and Medical Leave Act (generally, it must have at least 50 employees) and you were eligible for FMLA leave (worked at least 1250 hours during a continuous 12-month period), a leave of absence for your surgery should have been covered under the FMLA. The FMLA requires employers to restore employees who return from FMLA leave to the same or an equivalent position with pay, benefits and responsibilities similar to the level that existed when leave began. The FMLA also prohibits retaliation against employees for exercising, or attempting to exercise, their FMLA rights. If you would like to further discuss your circumstances and whether you have a valid claim, please call me at the number listed in my profile and I will give you a free consultation.

This response is for informational purposes only and does not create an attorney-client relationship.

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Answered on 2/18/09, 11:18 am


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