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Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 19778
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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I have a significant other that is very sick. I am his

Customer Question

I have a significant other that is very sick. I am his caretaker and also medical power of attorney. Sometimes I have to leave work early for dr appointments or he is very sick and needs help at home. I have never been documented for any wrong doing. I recently applied for a new position and have been defined bc I miss time at work due to this. I was asked to fill out fmla paperwork. I am very confused because I am not asking for a leave. They told me that I had to return this paper work on 3 days. When it states on the paperwork I have 3 days.
Submitted: 3 months ago.
Category: Employment Law
Expert:  Marsha411JD replied 3 months ago.

Hello,

Thank you for the information and your question. Unless you qualify for FMLA and use the job protection afforded under the Act, you have no statutory job protection in your current situation. In other words, your employer can use your absences against you in evaluations and for attendance policy purposes. Taking time off to care for your significant other is not protected under the ADA or any other law.

FMLA can be used two different ways. One is out right leave for up to 12 weeks in a 12 months period and the other is intermittent leave, which is what you would be asking for. That allows, assuming you otherwise qualify and a doctor will certify the need, for you to take time off on an intermittent basis like you are now to care for your SO. You can read more about FMLA by going to the following link: https://www.dol.gov/whd/fmla/

One issue that may arise is whether or not this significant other is your "spouse" under the laws of Colorado. The Act only covers family members and spouses. I can't tell you whether or not that will be an issue, but at this point, since your employer provided you with the paperwork, you should consider pursuing approval so your job is protected.

Please feel free to ask for clarification if needed after reading the guidance at the link I provided to you. If none is needed, then if you could take a moment to leave a positive rating in the ratings box above, I will receive credit for assisting you today. Thank you

Expert:  Marsha411JD replied 3 months 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 answer I provided to you on the2nd . For some reason, the Experts are not always getting replies, or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit(paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither.

Please keep in mind that I cannot control the law or your circumstances, and am ethically bound to provide you with accurate information based on the facts you give me even if the news is not good. If you are having technical difficulties with reading, replying or rating,please let me know so that I can inform the Site administrator.Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

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.

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