How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Maverick Your Own Question
Maverick
Maverick, Lawyer
Category: Employment Law
Satisfied Customers: 5766
Experience:  20 years professional experience
16823287
Type Your Employment Law Question Here...
Maverick is online now
A new question is answered every 9 seconds

I have medical problem last months that aggravated due to

Customer Question

Hello, I have medical problem last months that aggravated due to stomach flue passed, emergency hospital recently and upcoming surgery in 10 days. In spite of my explanation to my manager before and recently, he initiate PIP, performance improvement Plan that is not fair , <2 months and I cannot implement it due to my medical condition now. I took leave of absence and claim for short disability (doctor's recommendation) due to my feeling and chest pain. I have not signed this plan sending my written explanation to managers and HR
What is my right and correct way to proceed further for me?
Vladimir Sklovsky
Submitted: 1 month ago.
Category: Employment Law
Expert:  Maverick replied 1 month ago.

Welcome to Just Answer! My name is***** give me a few minutes to review your inquiry. Thank you for your patience.

Expert:  Maverick replied 1 month ago.

My suggestion is that you take formal leave under the Family Medical Leave Act and try to regain your health. This way, you job will still be there when you return and are hopefully healthy to comply with the plan. The FMLA entitles eligible employees of covered employers to take unpaid, job-protected leave for 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 12 workweeks of leave in a 12-month period for a serious health condition that makes the employee unable to perform the essential functions of his job.

This form may help you see what is involved to take this type of leave.

Please Note:

(1) The information I provide is general in nature and for educational purposes only. For example, it may help you identify the scope of receiving unbundled legal services from a local lawyer. It should not be construed as “legal advice” or as the rendition of “legal services” on any subject matter. I am not a specialist in any field. This information may not reflect current legal developments for your specific jurisdiction and is not guaranteed to be correct or complete. No attorney-client relationship is established without a signed written agreement and our communications are not confidential. Please do not act or fail to act based on this information alone. If you need legal advice or services regarding a specific matter, you should consult in-person with a local lawyer who can guide you after reviewing all the pertinent details of your situation. This disclaimer also applies to any telephone communications we may have.

(2) Most follow-up questions are answered with in the hour; however, if I am not signed on, please allow up to 24 hours.

(3) When we are done, please assign a feedback rating.