Legal Question in Medical Leave in Indiana

Surgery

My sister-in-law is required to having surgury to remove an ovary that is blocked. It requires her to be off work for 12 weeks and her employer is stating that Indiana is a faultless state and he does NOT have to hold her position in her absence. Is this true or is there something she can do?


Asked on 6/18/03, 12:10 pm

1 Answer from Attorneys
Kenneth Lauter Kenneth E. Lauter, PC

Re: Surgery

That is largely, if not entirely, dependent on whether or not she qualifies for the protection of the Family and Medical Leave Act. She should qualify if: (i) her employer has 50 or more employees; (ii) she has been employed in exces of a year; (iii) she has worked in excess of 1,250 hours in the last 12 months; and (iv) she has not already taken FMLA leave in the last 12 months that, when added to the leave she is about to take, adds up to more than 12 weeks.

Feel free to contact me at (317) 955-9500 if you have further questions or would to discuss representation by this firm.

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Answered on 6/18/03, 12:17 pm


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