Legal Question in Medical Leave in North Carolina
Benefits for FMLA
3 months ago I was hospitalized for depression. Shortly after I was released I found out my mother had Stage 4 lung cancer. I contacted my supervisor and let him know the situation. I traveled to take care of my mother. Within the last week her condition has worsened. I again traveled so I may help take care of her. She is bed ridden and can not do anything for herself. I was told I do not qualify for FMLA. Is this true? Could I get fired for missing the work? I was written up when I returned from my first trip.
1 Answer from Attorneys
Re: Benefits for FMLA
A lot of questions have to be answered to figure out if you do or do not qualify for FMLA leave. The first series of questions revolve around the central question of whether you are FMLA eligible. The next series of questions determine if your employer is covered by the FMLA. Finally, you have to determine whether or not the reason for the leave is covered by the FMLA.
As a general rule, you are FMLA eligible if you have been employed for at least 1 year and have worked more than 1250 hours in the preceding 12 months. If you do not fit this definition, then you do not qualify under the federal law. For more information about your federal FMLA rights, you can visit my website, www.memphisemploymentlawyer.net. Additionally, the Department of Labor has a good FMLA website, www.dol.gov.
You also may be protected by state laws. In order to determine what rights you may have under state law, you would not to consult with an attorney in your state.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
