Legal Question in Employment Law in Georgia
I was eployed by my job for 5 years 8 months, i had surgery, and my boss and i agreed on 2 weeks to be out of work, to make a long story short, my doctors did not release me until 4 weeks, i was terminated on 3-22-2010 and my doctor released me on 3-26-2010, he is also trying to keep me from collecting unemployment.
1 Answer from Attorneys
If you worked more than 1250 hours within the past year and your employer has 50 or more employees at your location (or in combination with other locations within a 75-mile radius), you should have rights under the Family and Medical Leave Act (FMLA). The FMLA requires that, among other things, employees be given up to 12 weeks of unpaid leave per year for "serious health conditions." If you notified your employer of a qualifying condition, the employer should have notified you of your rights and obligations and, assuming you provided the required information, approved you for FMLA leave. Upon return from FMLA leave, your employer would be obligated to return you to the same or a virtually identical position with the same pay and benefits.
If you wish to pursue a claim, I would recommend that you consult with an attorney, such as myself, who is experienced at handling FMLA claims in Georgia. Feel free to contact me for a free consultation by phone. You can get my information using the link below.
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