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RobertJDFL, Attorney
Category: Legal
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Experience:  Experienced in multiple areas of the law.
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What is HEPA JA: The Lawyer will need to help you with this.

Customer Question

What is HEPA
JA: The Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: No I just need information so I can make an intelligent decision.
JA: Please give me a bit more information, so we can help you best.
Customer: What are my rights if I need to be off my job for surgery? Can I loose my job?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: I sm in Virginia
JA: Is there anything else important you think the Lawyer should know?
Customer: no
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Submitted: 5 months ago.
Category: Legal
Expert:  RobertJDFL replied 5 months ago.
Thank you for using Just Answer.That depends. The Family and Medical Leave Act (FMLA) entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons. It allows a qualified, eligible employee to take up to 12 weeks time to do things like recover from an illness/surgery, take care of a sick family member, or care for a new baby, for example.The FMLA only applies to employers that meet certain criteria. A covered employer is a:• Private-sector employer, with 50 or more employees in 20 or more workweeks in the current or preceding calendar year, including a joint employer or successor in interest to a covered employer;• Public agency, including a local, state, or Federal government agency, regardless of the number of employees it employs; or • Public or private elementary or secondary school, regardless of the number of employees it employs. Only eligible employees are entitled to take FMLA leave. An eligible employee is one who:• Works for a covered employer;• Has worked for the employer for at least 12 months;• Has at least 1,250 hours of service for the employer during the 12 month period immediately preceding the leave*; and• Works at a location where the employer has at least 50 employees within 75 miles.If you, or your employer do not meet this criteria, then you would not be eligible for FMLA leave. Then you would have to see what, if any benefits your employer allowed regarding time off. Virginia is an "at will" employment state meaning employees who do not have an employment contract or union agreement are subject to termination at any time, with or without cause, so long as the employer is not terminating them for an unlawful or illegal reason (e.g., you can't be fired because of your race, religion, age, sex, or so forth). In other words, if you miss too much time off work, yes, you can be fired -even if you have a doctor's note. Indeed, even if you got FMLA leave, if you exceed the 12 weeks time off in a calendar year, you can be terminated.You were asking what HEPA is, but I think you possibly meant HIPAA? HIPAA laws involve the right to privacy of a person's medical records and whom can disclose them. Under HIPAA, a medical provider, like a doctor or hospital, cannot disclose your medical records to a party, as a general rule, without your consent. If they do so, they can be fined or otherwise sanctioned.If you need clarification or additional information, please reply and I'm happy to assist further. Otherwise, kindly remember to leave a positive rating by clicking on the stars/happy faces before signing out, so I am credited for my time and assistance today. Thank you!

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