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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 110530
Experience:  20+ Years of Employment Law Experience
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Not sure if this should be under disability or employment

Customer Question

Not sure if this should be under disability or employment law. On February 22 of this year my multiple sclerosis flared up, along with my headache condition, hemicrania continua. I asked for a few days off to take care of the headaches (got nerve blocks two days later which worked!) and asked to return to work. That same week I was told my job was filled and I needed to take a Fitness for Work Exam to be considered for another position in the building. I was also told we are not FMLA elegible, which I believe is untrue. I work for the Arizona House of Representatives where I have been employed for seventeen years.
Submitted: 7 months ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 7 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Why did they tell you that you were not eligible? Are you a full time employee there?
Customer: replied 7 months ago.
I've been full time for seventeen years. The House of Representatives has well over 200 employees. I've heard of others being told this, but I don't know if anyone has ever challenged it.
Expert:  Law Educator, Esq. replied 7 months ago.
Thank you for your reply.
They cannot deny you leave under FMLA if you are full time working at least 1250 hours per year (if you are working less than that, then that is why they could be denying you). You need to submit your written request to the employer for any leave lasting 5 days or more and you need to specifically state the leave you are requesting under FMLA. If they refuse, then the US Department of Labor is the agency that investigates FMLA violations. FMLA applies to the state legislature and if you are working the requisite number of hours in 12 months they cannot deny you leave under FMLA.
Customer: replied 7 months ago.
I found out today that this is incorrect. Employees of state legislatures are not covered. I do not feel I should pay for this advice. Please refund all monies charged.
Expert:  Law Educator, Esq. replied 7 months ago.
You can ask for a refund from customer service, but you have not paid anything other than a deposit at this point.