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Recent FMLA questions

My husband and I are both in the military, he is on active

My husband and I are both in the military, he is on active duty orders and I am National Guard. He was recently given orders to temporarily change duty stations and the movement of our family was authorized since he will be there longer than 20 weeks.I have a good job right now that I don't want to quit or be fired from but we are going to have to move less than 2 weeks from now and I wanted to know if his military orders protect me at all for leave or do only my own military orders allow me to go on militaryleave?

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P. Simmons

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I have military leave saved from when I was in the navy,can

I have military leave saved from when I was in the navy,can I use this for my family leave due to current hand injury?My sick & annual leave may not cover the recovery and rehab of my hand surgery.

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Marsha411JD

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My son was discharged from the Navy as of june 16,2013. He

My son was discharged from the Navy as of june 16,2013. He just informed us what happened and something does not seem right. He was out one night had to much to drink and took a cab home he had to much to drink and argued with the cab driver and the military police arrested him. He was taken to the hospital and they found he had a pain killer in his system he does not remember taken it but does not want to say he didn't. He was told that he did not qualify for rehab because he did not fit the criteria. He asked to speak for therapy because he was having anxiety and felt like something right he was told no. So is it my understanding that even though he was wrong for drinking and having the drug in his system no one helps. This was his first time getting in any trouble. They pretty much told him he would never get a job and told him to leave. Am I missing something or do you give up all civil rights in the Navy. I know it is zero tolerance but if there has never been any other trouble I thought they did try to help you. He is in a deep depression and trying to make things right but everyone he talks to pretty much says he ruined his life.

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Allen M., Esq.

JAG officer and former adjunct prof.

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I am an active duty soldier and my son who is disabled requires

I am an active duty soldier and my son who is disabled requires 24/7 supervision for the next few months. Am I entitled to receive FMLA to take care of my child during this time?

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

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17,630 satisfied customers
Good morning, Last year I receive helpful information from

Good morning,Last year I receive helpful information from you.Now I have a new question.I was found unfit for duty one month ago for PTSD by the PEB. I just received my MEB results stating I am fit for duty |" soldier diagnosed with PTSD after a physical assault while deployed to Afghanistan in 2009, then experienced an exacerbation in 2012 while assigned to Ft.Drumm, where she was she was conducting SRP evaluations. Despite ongoing treatment with psychotherapy and psychotropic medications significant symptoms, including dissociative episodes, anxiety and paranoia requires profile limitations against handling weapons or assignment to a high stress environment. She maintains her medical license and works nearly full ti me as a psychiatrist for the state, although signifant workplace accommodations are required , the PEB concludes the preponderance of evidence shows that she is able to perform satisfactorily in a professional capacity to her grade, qualifications and experience. Although she fails AR-40-501 fitness standards AND her commander does not recommend retention, she is therefore fit of duty IAW DoDI 1332.38 E3.P3.4.2 (NARSUM, C&P Exams, DA3349, DA7652, treating psychotherapist statement)"I am contesting this finding and have filed an appeal.Also, the week before their finding, I have an email from my supervisor suggesting I file for FMLA.My question is this. If they acknowledge there are serious restrictions and my commander recommends I not be retained seems contradictory to their findings. What other information coud I present to address the fact that I remain unfit for duty or address this contradiction. I was found I n Novembr, 2012 by the VA to meet the standards for a 79% disability rating. Any suggestions our t noughts would be greatly appreciated. I acknowledge your thoughts an suggestions are just that and not legal advise.Sincerely,Caroline

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P. Simmons

Attorney

Doctoral Degree

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I receive 40% VA disability compensation. I am 56 years old.

I receive 40% VA disability compensation. I am 56 years old. I will receive my military pension (Reserve Pension) when I am 60 years old. That would be 2016. Will my 40% VA disability be added on to my Reserve pension or be part of it?

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P. Simmons

Attorney

Doctoral Degree

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I filed a claim for a hip condition, bilateral when I got out

I filed a claim for a hip condition, bilateral when I got out of service in 2007. I just had a MRI done that showed I have a herinated disc in my back that is the cause of the pain in the hip. Can I still file an appeal on the hip condition that was denied in '07 or do I need to file a new claim on my back? What percentage is back disability and what percentage is hip disability?

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P. Simmons

Attorney

Doctoral Degree

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34,648 satisfied customers
is there a law for texas such as Washington State Military

is there a law for texas such as Washington State Military Family Leave Act to allow the same time for spouses to get off from work that have not been employeed with that company for at least 12 months?

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

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17,630 satisfied customers
I toook FMLA leave for the MIlitary spouse leave act (for reintergration)

I toook FMLA leave for the MIlitary spouse leave act (for reintergration) I specified to use my disability. (like FMLA when you have a baby) I just used 2 weeks and my employer used my vacation time! not my disabiolity wheich i specified!!! and he never said no i cant do that?? thats illegal right? I didnt ask for the 12 weeks unpaid.

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

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17,630 satisfied customers
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