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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19225
Experience:  Employment/Labor Law Litigation
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My assistant was allowed to leave on FMLA leave after 7

Customer Question

my assistant was allowed to leave on FMLA leave after 7 months..before that my company gave her a month off paid (after her 3 months probation) to take care of family problems while I was left as a director to take care of her job. I also suffer from an ADA and begged for help but never told anyone of my problem. when she came back from here FMLA...and we had to hire her back I said no way...and said my dr. had to increase my meds whIle she was out. she came back, resigned after 9 days, (I was made her manager). she did have a legit reason to be out but why can they cover her under FMLA?
Submitted: 10 months ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 10 months ago.

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

She could be covered under the FMLA because employment laws only ever set the floor of rights, not the ceiling. So, an employer can always personally choose to grant more rights that is required by law and that will be completed legal, but they can not grant fewer rights than required by law.

The same idea is true when you talk about the minimum wage. An employer is allowed to pay more. Obviously, that is more clear because the law states that it is the "minimum" but the concept is legally true with all rights allocations by the government. An employer can always do more.

So, she can be covered by FMLA because your employer chose to cover her by FMLA, even if she wasn't legally entitled to it.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

Customer: replied 10 months ago.
thank you. I got screwed. while she was working the system I was getting more anxiety pills while taking over her job...she had a job for a year and worked about 60 days...Bravo for *****@******.***
Expert:  Allen M., Esq. replied 10 months ago.

Yes, that is unfortunate, but you've not really described any illegal action by your employer here.