Legal Question in Medical Leave in Tennessee

Child Surgery

I have a fellow employee that informed our Mgr. of a serious surgery that was necessary for the health of her 14 mo. old child. She couldn't say how long she would be off work because she didn't know how long the procedure would take or how long it would be before she could get back to work. 3 days later she returned ready to work and he just yelled at her for not being available to work her schedule, and now won't put her back to work. What can she do?


Asked on 6/03/07, 9:58 am

1 Answer from Attorneys
Alan Crone Crone & McEvoy, PLC

Re: Child Surgery

If her employer is covered by the FMLA and she has been working for it long enough to qualify for benefits, then the FMLA will protect her from this type of retaliation. She can press to get scheduled again, and recover her backpay for not being scheduled in the meantime. She may also be entitled to other claims. She should contact an attorney as soon as possible.

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Answered on 6/03/07, 2:20 pm


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