Legal Question in Medical Leave in Kentucky

I am a Kentucky resident, I suffered a heart attack on 4/11/14 and had to go to the hospital for a stint to be placed. When the doctor ordered a 2 week leave, my employer continually called, even on the day of my heart attack, asking for assistance with work issues. this finally culminated with the employer calling me on the day that I was to get out of the hospital, stating that he needed me to return to work on the very next day. I worked for a really small company, 6 employees and I need to know what my rights are. He has denied me unemployment and I am in the process of an appeal


Asked on 6/14/14, 8:00 am

1 Answer from Attorneys
Robert Morrin Morrin Law Office

Generally speaking, the FMLA applies to employers who have 75 employees within 50 miles of a work site or to employers who promise FMLA benefits to their employees. If your company has 6 employees total then the FMLA will not apply unless you can show that the employer promised FMLA benefits to employees. To be eligible for family and medical leave, an employee must have:

1. Completed at least twelve months of state service; AND

2. Worked or been on paid leave for at least 1,250 hours in the twelve months immediately preceding the first day of family and medical leave.

If the above applies to you then you should fill out forms WH-380-E and WH-381 to turn into your employer IMMEDIATELY. You may access these forms at the following link:

http://www.dol.gov/whd/fmla/

I hope this has helped and I wish you all the best.

Take care,

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Answered on 6/14/14, 8:32 am


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