Legal Question in Medical Leave in Kansas
fmla
A friend was off work under fmla for 8 weeks for what was supposed to be a routine gallbladder surgery. She is now pursuing a medical malpractice suite. Is the time off work pursuing this legal action considered a continuation of the illness and classified as fmla?
Asked on 10/14/08, 1:22 pm
1 Answer from Attorneys
Anthony Smith
LawSmith
Re: fmla
If her injury/illness is the reason for her inability to work, she continues to use fmla time until it is exausted. If she is taking time off to prepare for litigation, she probbly will not be able to use fmla protection from retribution for missing work. These issues can be fact-dependent, so have her seek counsel directly with an attorney before missing any more work.
Good Luck
Answered on 10/14/08, 2:44 pm
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