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I have been in a car accident after working from 1 00 PM on…

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I have been in a...
I have been in a car accident after working from 1:00 PM on saturday June19 until 9:00 AM June 20. I am a postdoctoral fellow and my experiments control my working hours not my contract. As a full time employee I am suppose to work 40 hours however I worked 73 hours a week when this accident happened. I am not US citizen and never heard about FMLA before. My boss insists on me to come to work and find a sofa to use while workin on my laptop to finish analysing data. If I decided to stay home and do work from my bed my supervisor requested me to claim vacation hours however she knows I am working on my home. I used all of my sick time and left with 10 days vacation planned to take them later on July. She suggested when I need vacation time to take unpaid days to cover my vacation. Right now I am still suffering back and neck pain due to the accident. I stayed home as I have no means of transportation to go to work however I am working continuously on my data..mean of killing time and to finish my project, what are my options? How FMLA can apply on my case? Your respose is greatly appreciated
Submitted: 8 years ago.Category: Employment Law
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Answered in 8 hours by:
6/26/2010
Employment Lawyer: AlexiaEsq., Managing Attorney replied 8 years ago
AlexiaEsq.
AlexiaEsq., Managing Attorney
Category: Employment Law
Satisfied Customers: 13,637
Experience: 19+ Years of Legal Practice in the Employment law arena.
Verified

Dear amal,

 

Thank you for your question and I look forward to working on your answer. Also, it is important to know that I can only respond to your post and the information contained in it, as I do not know what you know, unless you describe it fully. Also, because you are at this site, you are asking me the question because you want the legal facts, as I see them, even if unfavorable to your situation from a legal perspective. Also, due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so I apologize in advance if I ask a redundant question.

 

That being said, if you would like me to work on an answer for you, and in order to better assist you, could you please clarify for me, in numbered answers if I ask more than one question:

 

1. How many people work at your office?

2. Did you work 1250 hours in the past 12 months with this employer?

3. Are you treating with a medical physician who indicates you need to be off work to heal your injuries?

 

 

I look forward to getting to work on this for you. Hang in there!

 

 

Sincerely,

 

S. Joy, Legal Expert

 

Please note: I do not provide legal advice, only legal information; I do not legally represent any JA members, visitors or customers. We do not and will not enjoy an attorney/client relationship. Further communication with me here is an acceptance of this and any information provided by me is with the understanding that you comprehend this and agree.

 

At times there can be a delay of an hour or more in between my answers because I may be helping other customers or taking a break. In addition, if it is late at night, EST, and we are between postings, I may go get some shut eye, but I'll be back the next day, so never fear.

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Customer reply replied 8 years ago

Thank you for your reply.

1- I work for an institute have 17.000 employees. In my lab there are at least 20 people. But we all work for the institute.

2-I start working with them on Aug 9, 2009 on 40 hours basis however my weekly hours averaged 50 min to 80 max. I don't keep track or my weekly hours calander but have record for some of those weeks I worked weekends and full nights.

3-After the accident the emergency gave me 3 days sick leave but he mentioned to seek orthopedics if my pain is not under control or increasing.

4- I did not seek further medical attention due to my inability to drive and have nobody drives me. I am waiting until Monday to seek medical attention, may be by then will be able to drive again, but if not I will call a taxi.

 

I hope I have answered your questions

 

 

Employment Lawyer: AlexiaEsq., Managing Attorney replied 8 years ago

Dear amal,

 

I'm afraid the FMLA will not work here for you. You must be employed for at least 1 year, which for you won't accrue until Aug. 9, 2010.

 

Another problem is that you must have a physician to provide the medical certification indicating you must be out of work for a medical reason.

 

If you have sick days available or other personal time through your employer, now is the time to use them. If you don't, your employer is free to terminate you if you are unable to work at your job.

 

 

Hope this helps to clarify. If it does, please click ACCEPT and follow up if needed after you do so. If you need more detail, please click Reply, not ReList and I will gladly respond. Also, if you exceeded the one question one answer standard, and the expert provided you with answers to your additional questions, BONUS is an appreciated way of saying thank you! This expert's credit proceeds go towards providing volunteer provisions for the disabled. Thank you for helping!


 

I believe I have answered your question and I hope you a better understanding of your legal issue as a result. As you know, I am only the messenger, not your attorney, nor can I create favorable law if it doesn't exist, so please don't hold it against me if the legal result is not what you wish. ACCEPTING the Answer a so ensures I will be able to assist your with your future legal question. In addition, Positive "FEEDBACK" and BONUSES are also appreciated. If you would like my assistance in the future, just put my name, STEPHANIE JOY, in your title or first sentence of a new post. Please keep in mind that I can only respond to your post and the information contained in it, as I do not know what you know unless you describe it fully. Also, due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so I apologize in advance if it means more interactions between us. At times, there can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break, or if it is late at night, I may have to go get some shut eye til morning, but rest assured, I'll be back for you. Thanks

Sincerely,

S. Joy, Legal Expert

 

 

My Standard and Required Legal Disclaimer. The information given by me here is not legal advice. You should not and may not rely on anything on this website as legal advice and you agree that the nominal price you may voluntarily pay for information here clearly does not pay for any legal advice. I am neither establishing nor accepting an attorney-client relationship with you. You must hire an attorney in your state as a matter of law, in order to receive legal advice and attorney/client relationship and rights. I do not claim to be licensed to practice in the state where this information is being provided or whose law would apply, if any. My licensing credentials are noted in my profile, which you have full access to. As law is always changing, you are recommended to consult with the appropriate legal counsel in your jurisdiction for accurate and complete information. Thank you, XXXXX XXXXX a great day.

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