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Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 17014
Experience:  Licensed Attorney with 28 yrs. exp in Employment Law
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My daughter has been out on medical leave from her company

Resolved Question:

My daughter has been out on medical leave from her company for less than 16 weeks. She has been approached by her manager with a verbal warning for not documenting calls while she is on leave and has had her accounts given to other people in her office. Does Federal Law supercede Arizona law on matters of employee job protection while on medical leave? Is a company only mandated to provide any job, not the job you left, when you return?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Marsha411JD replied 1 year ago.
Hello,

Thank you for the information and your question. Do you mean that your daughter was warned for not doing something properly before they left on medical leave? In other words, she is not working while on leave is she? Does her employer have at least 50 employees and has she worked there for at least a year? How many weeks has she been out of work? Over 12 weeks?
Customer: replied 1 year ago.

she has been with company for over 5 yrs. co. has over 50 employees. she has been out 8 wks.she has not been working while on leave

Expert:  Marsha411JD replied 1 year ago.
Hello again and thank you for your response, it was helpful. Just to be clear, under the FMLA which is the Federal law that provides job protection for employees who are out of work due to a serious health condition, the time limit is 12 weeks, not 16 weeks. So, as long as your daughter can return to work before her 12 weeks under the Act has run out, then her employer must reinstate her to her same job or one that is substantially identical in all of the important ways (duties, title, pay, benefits, etc. )

The only exceptions are if she has been, before taking leave identified as a "key" employee (only for very senior management employees), if the company has a reorganization that would have occurred whether the employee was present or not, and if the company takes an adverse action based solely on performance before the leave period that they would take whether she was on leave or not.

So, if when your daughter returns to work she is not reinstated, then she has the option of filing suit under the FMLA or filing a complaint with the Wage and Hour Division of the U.S. Department of Labor, which is he agency that enforces the Act.

You can read more about her rights under FMLA by going to: http://www.dol.gov/whd/regs/compliance/1421.htm

Please feel free to ask any related follow up questions that you have. I would be glad to assist you further if I can. Even after rating a question, they are always open to the customer to come back and ask follow up questions.
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 17014
Experience: Licensed Attorney with 28 yrs. exp in Employment Law
Marsha411JD and 12 other Employment Law Specialists are ready to help you
Expert:  Marsha411JD replied 1 year ago.
Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the legal answer I provided to you on the 16th The Site has been a little buggy lately so the Experts are not always getting replies or ratings (which is the only way we receive credit for our work) that the customer thinks have gone through. In your case I received neither. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.
Customer: replied 1 year ago.

Thank you for your advice. My daughter is exploring legal counsel

Expert:  Marsha411JD replied 1 year ago.
You're welcome and best of luck to you and your daughter.
Customer: replied 12 months ago.

Outside of answering questions online, do you provide, or do you have references of attorneys providing FMLA advice? She is looking for legal advice.

Expert:  Marsha411JD replied 12 months ago.
Because of our agreement with this Site, we cannot provide legal assistance offsite to people we have provided assistance to on this Site. Can you tell me what County your daughter is in and perhaps I can find the local Lawyer Referral Service?
Customer: replied 12 months ago.

She is in the City of Gilbert, County of Maricopa

Expert:  Marsha411JD replied 12 months ago.
Thank you for that information. The good news is that the Maricopa County Bar Association has a lawyer referral service that she can use to find a lawyer to fit her needs. She can find out about the program and the contact information by going to: http://maricopalawyers.org/

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