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.
A new question is answered every 9 seconds
Ask a Employment Law question
Type Your Employment Law Question Here...
characters left:
3 Employment Lawyers are Online Now

Questions about FMLA Laws

The Family Medical Leave Act (FMLA) was signed on February 5, 1993, by President Bill Clinton. The law came into effect six months later on August 5, 1993. FMLA requires employers to provide their qualifying employees with job-protected unpaid leave, for medical and family reasons. These reasons include personal or family illness, military service, family military leave, pregnancy, adoption, or foster care of a child. However, the guidelines of FMLA are not always adhered to by employers. The legal interpretations of many provisions and benefits of FMLA can also be misunderstood. This can lead to questions like the ones answered below.

In the state of Arizona what is the law on FMLA termination?

Arizona is considered a back-to-work state, although it may not mean exactly how it sounds. It means that an employee cannot be forced into maintaining a job. An employee can be terminated at any given time for any reason other than what is against the law and discriminatory. For example, firing someone for not illegally disposing hazardous waste would be against the law. It would also be against the law to terminate someone based on race, gender, religion or national origin. It is also considered discriminatory to fire someone who takes FMLA leave. The FMLA is applicable to businesses that employ 50 or more people. An employee of such an organization is entitled to take up to 12 weeks unpaid family medical leave, as long as the employee has been an employee of the organization for over one year and has worked over 1,250 hours in the year before taking FMLA leave.

How does someone get paid for Family Medical Leave?

FMLA is not paid leave. A person approved for FMLA leave does not have paid leave time. Employers have to continue the person’s insurance, but they do not have to pay them a salary during FMLA leave. Many employees mistake FMLA to be a paid leave, resulting in disgruntlement and a feeling of being misled.

Can a pregnant woman working in a hospital as a housekeeper be forced to take FMLA leave?

The employer may be forced to give someone family medical leave if that is the only type that is available to the employee. Employers could also be trying to protect themselves from any complications that could arise from working while pregnant. Being pregnant the employee is also covered by Title VII and the Americans With Disabilities Act, and the Pregnancy Discrimination Act. As per the provisions of these laws, employees should still be able to work if they can perform their job duties. This is what an employee should do when faced with this situation: Apprise a local employment lawyer of the situation and seek guidance. Ask the employer: What is the reasoning for insisting on the leave if the doctor says that the pregnant woman can still work? The pregnant employee may also check if the doctor will approve of any of the accommodation that the employer is offering.

What types of illness does the FMLA cover?

Illnesses that are covered by the Family Medical Leave Act include: An illness or injury that leaves the person impaired or physical or mental condition that requires hospitalization, hospice, or a residential medical care facility. If the person needs treatment two or more times by a health care physician. If they are not able to go to school, work or perform other daily activities. If the illness is permanent or long-term, and if it is the result of a treatment that was not effective.

Under the FMLA, what is a public company? Is a doctor’s office considered a public company?

A public company is one that has stocks or other securities issued, such as the DOW and the NASDAC. Chances are that a doctor’s office is not incorporated as public company. It is most likely considered as an S or LLC. Although it is possible for any business to become “public”, a doctor’s practice would not be likely to benefit from this. The Family Medical Leave Act, its provisions, benefits, limitations, etc., can be confusing. If you need help determining whether or not you qualify for FMLA leave, or need more details about the requirements of FMLA, it is always best to seek Expert inputs and legal insights.
Ask a Employment Law question
Type Your Employment Law Question Here...
characters left:
3 Employment Lawyers are Online Now

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.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
< Last | Next >
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther Woodstock, NY
  • Thank you so much for taking your time and knowledge to support my concerns. Not only did you answer my questions, you even took it a step further with replying with more pertinent information I needed to know. Robin Elkton, Maryland
  • He answered my question promptly and gave me accurate, detailed information. If all of your experts are half as good, you have a great thing going here. Diane Dallas, TX
 
 
 

Meet The Experts:

 
 
 
  • Ron

    ASE Certified Technician

    Satisfied Customers:

    21119
    23 years with Ford specializing in drivability and electrical and AC. Ford certs and ASE Certs
< Last | Next >
  • http://ww2.justanswer.com/uploads/FO/fordguy4u/2011-12-17_222940_HPIM1257.64x64.JPG Ron's Avatar

    Ron

    ASE Certified Technician

    Satisfied Customers:

    21119
    23 years with Ford specializing in drivability and electrical and AC. Ford certs and ASE Certs
  • http://ww2.justanswer.com/uploads/lyeung1/2010-07-25_032152_tn_IMG_0241.JPG Dr. Y.'s Avatar

    Dr. Y.

    Urologist

    Satisfied Customers:

    18366
    I am fellowship trained specializing in general urology and reconstructive urology.
  • http://ww2.justanswer.com/uploads/docjohn174/2008-12-13_170143_johnask.jpg John's Avatar

    John

    Home Appliance Technician

    Satisfied Customers:

    13453
    Appliance repair business owner for over 43 years.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8472
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/dermdoc19/2010-09-30_160749_Photo_122807_015.JPG dermdoc19's Avatar

    dermdoc19

    Dermatologist

    Satisfied Customers:

    3827
    30 years practice in general and cosmetic dermatology
  • http://ww2.justanswer.com/uploads/BI/birddoctor/2012-6-22_173214_birddoctor.64x64.png Dr. Pat's Avatar

    Dr. Pat

    Bird Veterinarian

    Satisfied Customers:

    3383
    25+ years working primarily or exclusively with birds
  • http://ww2.justanswer.com/uploads/RY/rydergar/2012-6-6_192240_IMG0328.64x64.JPG Dr. Gary's Avatar

    Dr. Gary

    Cat Veterinarian

    Satisfied Customers:

    3291
    DVM, Emergency Veterinarian, BS (Physiology)
 
 
 

Recent FMLA Questions

  • I have worked on and off, for Target, throughout college. After

    I have worked on and off, for Target, throughout college. After graduation I have been working for them the past 13 months. I am a diabetic and sometimes I need to check my sugars while at work. It was never an issue until the past 10 months. I am being "coached" constantly for not completing my job, even though no one else is getting their tasks completed. I'm accused of "wandering" in the store but couldn't be told by whom or when. I do browse during breaks. They want me to call over the walkie when I need to check sugars, go to the restroom, get water, or get a snack, Isn't this a privacy issue? No one else is needs to call in. They say it is for my safety, yet I'm scheduled to work alone, and be up on the "wave" moving heavy boxes alone. I have had diabetes for 17 yrs. and taught to be independent. Because of the stress resulting from this poor management my blood sugar have been all over causing me to miss work. I have filed FMLA since December, 4x's, and they still claim they don't have it. I am now afraid to check blood sugars for low's for fear of losing what small income I have. Do I have any recourse?
  • Hi im.currently on maternity leave the issue is this one I

    Hi im.currently on maternity leave the issue is this one I don't know if my employer was covered by the fmla of rhode island so I automatically thought I was qualified to take 12 weeks off because I didn't know at the time that I could have only been eligible if my employer was covered by it so now ots been about 8 1/2 weeks and I contacted my manager asking her for a return date and she never texted me back this was on june 30th...Than I called last friday asking her if she received my text and she said ohh im gonna have to get back to you on that one by the end of dis week what should I do did I loose my job for not asking on time or not knowing what I was entitled to pls help
  • I am a salary employee and my daughter has a mental

    I am a salary employee and my daughter has a chronic mental illess.
    I previously applied for FMLA when she was first diagnosed approximately 2 years ago; however did not need to take FMLA time. She now is not able to be in the public school setting and it was necessary to look at an alternalte school situation. (we have already tried various private and public school scenarios without success).
    As our last option we considered home schooling her. Before this decision to home school I discussed this with my vice president and asked if he would consider letting me work from home a majority of the time (already working from home at intervals). He verbally agreed and confirmed an email of our discussion.
    Currently I am being asked to complete FMLA paperwork it appears to help my director to validate my need to work from home. I'm conflicted. On one hand, it would seem reasonable to make a point of re-applying for intermediate FMLA in case I do need to take time away from work with my daughter (such as appointments) but I'm not sure.
< Last | Next >