Pensacola, FL asked in Employment Law for Florida

Q: Can I sue my job due to the fact of the writing me up. I a sick child. Ihave Er and dr's notes. But they still write me.

Related Topics:
1 Lawyer Answer
Annette Newman
Annette Newman
Answered
  • Stuart, FL
  • Licensed in Florida

A: The Family Medical Leave Act (FMLA) entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave. Eligible employees are entitled to:

Twelve workweeks of leave in a 12-month period for:

1) the birth of a child and to care for the newborn child within one year of birth;

2) the placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement;

3) to care for the employee’s spouse, child, or parent who has a serious health condition;

4) a serious health condition that makes the employee unable to perform the essential functions of his or her job;

FMLA also requires employers to provide intermittent leave for the same reasons shown above (not to exceed 12 weeks per year).

If an employer fails to comply with FMLA by refusing to grant the leave, or by disciplining the employee for exercising their rights to FMLA, this is illegal and the employee can sue the employer for violating the FMLA.

You should speak to an employment law attorney who can advise you after reviewing the specific facts in your case.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.