Legal Question in Medical Leave in Virginia

Fmla

due to health problms doctor took me out of wrk on 11/3/06, went on short term disability. On 11/3/06 requested FMLA paprwrk frm employer was told that is was same as short term disability. requested FMLA paprwrk frm employer on numerous occasions finally recieved end of FEB; completed and returnd to employer; 1st wk of MRCH pharmacy notified me insurance was cancelled on MRCh 9th was released to retrn to wrk; wnt to employer and was tld tht I couldnt return until they could recertify me for my position & hd to wait for a clss to do so; employer stated that had no wrk that I could do and would notify me in 4to 5 businss dys whn a class would be--they havent informed of insurance being cancelled or offerd COBRA,when i can retrn to wrk or anything Re FMLA -- I am sitting at home with no insrance, no income, and bills from doctor and therapy for JAN, FEB and MRCH ....Do I have a case against them and can I file for unemployment???


Asked on 3/19/07, 5:58 pm

2 Answers from Attorneys
James R. Becker, Jr. Becker Law Firm

Re: Fmla

In some circumstances, it is illegal for the employer to even delay your return to work pending clearance or certification. You should probably consult with an attorney to discuss this issue him or her in more detail.

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Answered on 3/26/07, 12:34 pm
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Fmla

If you've been terminated from your previous employment through no fault of your own you could file(and likely be approved) for unemployment insurance benefits. COBRA benefits are probably not available until termination has actually occurred.

Under FMLA rules, your employer is required to return you to the same or similar job with similar compensation.

If they've haven't done so, and the reason(s) advanced are merely pretextual(the business of recertifying you), when one or more such positions have in fact been available, you may have a basis for a federal lawsuit against them for having violated one or more of the applicable provisions of the Family & Medical Leave Act.

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Answered on 3/23/07, 3:49 pm


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