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Maverick, Lawyer
Category: Employment Law
Satisfied Customers: 6392
Experience:  20 years professional experience
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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: 9 months ago.
Category: Employment Law
Expert:  Maverick replied 9 months 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 9 months 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.

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