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Infolawyer
Infolawyer, Lawyer
Category: Employment Law
Satisfied Customers: 53804
Experience:  Licensed attorney helping employers and employees.
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I live in NJ. I underwent an organ transplant & had major complications

Customer Question

I live in NJ. I underwent an organ transplant & had major complications which extended the time out from work. When I went out on leave from work I was given no paperwork or notifications as to FMLA. My employer had me use my 4 weeks vacation & paid me for them. I was under the impression that my 12 weeks FMLA was starting after my 4 weeks vacation time was completed. I will return to work after 12 weeks total but before 12 weeks from which I thought my FMLA was beginning. After doing some online reading I am now concerned about my protection under FMLA laws. I am also not sure if I am considered a key employee. I am in the top 10% of income in my workplace but I am not salaried. Is my job still protected? Do I have a lawsuit if I am dismissed of demoted upon return?
Submitted: 7 months ago.
Category: Employment Law
Expert:  Infolawyer replied 7 months ago.
Provided you have worked at least 1000 hours you should qualify for fmla leave. Company would offer it. You have a few options. Let me outline them. You can pursue a complaint in civil court. You may sue for losses suffered plus costs and interest. You can also file a complaint with the attorney general office. You can threaten these options before pursuing and use for leverage. local counsel can also get involved!Another alternative is if condition amounts to disability. The eeoc is a federal agency charged with reviewing discrimination complaints. www.eeoc.gov is its site and you can pursue a complaint using it.martindale.com and findlaw.com are both excellent lookup directories. Both highly rated. Both used by lawyers. Easy to search and find local options. Good luck. Kindly rate the answer OK or higher.I wish you the best. I trust the answer has been helpful. kindly let me know.
Customer: replied 7 months ago.
I have worked there for 20 years. What would be the basis of the civil suit? Was I supposed to notified when the leave was starting? before or after the vacation my employer made me use?
Expert:  Infolawyer replied 7 months ago.
You should have been given notice and you should also request it. Basis would be failure to allow such leave, retaliation and failure to accommodate. Kindly rate me positively.
Expert:  Infolawyer replied 7 months ago.
Kindly let me know if that is acceptable, and if I can clarify anything, please ask me.