Legal Question in Medical Leave in Maryland
informed
I requested medical leave after approximately 4 weeks of sick/vacation leave. I was not informed about Family Medical Leave Act and was told that I must give up my position so it could be filled. My understanding was that I could be transferred & assigned to a similar position upon returning to work within less than 12 weeks of absence. I have been under a doctor's care and have been released to return to work. I have been waiting about one month, but I am not getting any answers. I have been allowed disability pay for that time I was gone. Will I be able to return to my job according to the FMLA? Thanks
1 Answer from Attorneys
Re: informed
There are several criteria you and your employer must meet in order for you to be entitled to FMLA leave. Basically, if you have a serious health condition as defined by the law (or a qualifying family situation), have worked at least 12 months for the employer and at least 1250 hours in the 12 months preceding the leave, and your employer has 50 or more employees, then you are likely entitled to be protected under the law. (There are some exceptions.) It would not matter that you did not specificaly ask for "FMLA leave", as long as you made it clear you needed leave for a health condition.
If you qualify, you are entitled to up to 12 weeks in a 12 month period (the period can be counted in different ways) and are entitled to be returned to the same or equivalent position you had prior to leave.
You can visit the US DOL web site at dol.gov for all the info you need about FMLA. Also, feel free to call me for a free consultation if you'd like. I'd be glad to review the matter and advise you on how to proceed.
Good luck.
Jeff Sheldon
Jeffrey L. Sheldon, Esquire
The Sheldon Law Firm
6932 Mayfair Road
Laurel, MD 20707
301.604.2497
fax: 301.776.3954
http://www.SheldonLawFirm.com
Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.