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Ray, Employment lawyer
Category: Employment Law
Satisfied Customers: 36373
Experience:  30 years in Employment law
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My name is ***** ***** and I am a teacher. My father

Customer Question

My name is ***** ***** and I am a teacher. My father committed suicide in December and my 33 year old brother died in February. I am 95% sure that I am going to be pink slipped soon. Should that happen, I'm wondering if there would be any chance that I could go on medical leave for severe depression and anxiety for the remainder of the school year without being black balled from teaching next year somewhere else.
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Submitted: 7 months ago.
Category: Employment Law
Expert:  Ray replied 7 months ago.

Hi and welcome to JA. Ray here to help you tonight.

Yes I would go on and request FMLA. You need your doctor here to sign the request form.I would do t his before you are pink slipped.It gives you the time to deal with your depression and all other stuff that has gone on in your life.I would go on and get this started Monday.

Form you need to complete and have signed by doctor and file with employer.Do this before they can terminate you and they likely have to grant it to you.Real hard to terminate you on FMLA , it is your best move here.

The 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:
    • the birth of a child and to care for the newborn child within one year of birth;
    • 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;
    • to care for the employee’s spouse, child, or parent who has a serious health condition;
    • a serious health condition that makes the employee unable to perform the essential functions of his or her job;
    • any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on “covered active duty;” or
  • Twenty-six workweeks of leave during a single 12-month period to care for a covered servicemember with a serious injury or illness if the eligible employee is the servicemember’s spouse, son, daughter, parent, or next of kin (military caregiver leave).

I appreciate the chance to help you tonight.Thanks again.I wish you the best here please keep your chin up.You have been through a lot here and FMLA leave is a good way to deal with it.

Expert:  Ray replied 7 months ago.

If you can positive rate when we are done it is always much appreciated.

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