Legal Question in Medical Leave in Texas
Sick child/sibling birth/absences from work
Background: I have a chronically sick child. He's an asthmatic 2 year old. He's constantly picking up viruses, running fevers, and does not get over them quickly most children. Daycare says no go. I have missed being present in the office on short notice due to this. I have kept my boss informed through direct phone messages and phone messages to his admin. I worked at home to ensure that deadlines were met. He's counting 14 days but has not furnished me with the dates. I have doctor records showing consultations for all absences. In addition, I had a baby in July. I asked my boss about leave since I only qualified for 4 weeks paid leave and the doctor wouldn't release me to return to work until 6 weeks. My boss kept telling me that he'd take care of it. When I returned, he told me that he paid the extra 2 weeks and it wouldn't count as vacation. First, I have been placed on a Performance Improvement Plan for attendance. Second, I had 14 days of vacation/floater days. I've used 1 day. My boss says I've used my vacation yet puts me on the PIP. Is this legal? Can he put me on a PIP yet count the days as vacation? Am I covered at all under FMLA for my child's sicknesses? As a writer furnished with a laptop, I can do much of my writing at home. Up until the birth of my child in July, my boss let me work at home. I'm always available by phone, pager, email. What rights do I have?
1 Answer from Attorneys
YOU NEED A LAWYER
If you have worked there more than a year, worked more than 1250 hours in the year preceding your leave, and have not been off more than 12 weeks, you may have a case. Your employer must also be covered. Chronic health conditions are covered, but your doctor will need to back you up!!!
FMLA applies to 50 employees within a 75 mile radius. If this criteria is satisfied, you may be entited to federal FMLA leave. I am not licensed in your state yet. So, I can't advise you on any state claims you may have. Contact a lawyer immediately. If you have trouble finding one, just yell. Of course, in order to receive legal advice you can use, you should have a personal interview with a lawyer. The comments I have made are general and may or may not apply to your situation.
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