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Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20363
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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Im a family nurse practitioner and I have been working for

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Im a family nurse practitioner and I have been working for an organization for 2 years 32 hours a week, I recently switched to part-time per diem due to my knee which is cause by a torn meniscus. I went part time 24 hours a week without any benefits about 3 months ago... My question is if u can still go on FMLA and if so what law or rule is it because my doctor is thinking surgery and I don't want to loose my J b I want to be protected. Please don't accept unless your going to give me a detailed answer that answers the question which is only fair
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Connecticut
JA: Has anything been filed or reported?
Customer: No not yet
JA: Anything else you want the lawyer to know before I connect you?
Customer: No not that I can think of at this time

Hello,

Thank you for the information and your question. Unless you have worked 1250 hours in the 12 months leading up to your need for FMLA you would not qualify under the Act. The Act essentially only covers what amount to full time employees to qualify. But, if you have worked those 1250 hours, you would qualify even if the employer categorizes you as part time. Here is a link to the eligibility rules: https://www.dol.gov/whd/regs/compliance/whdfs28.pdf

So, if you do not qualify you can either try to get the employer to provide you with a reasonable accommodation under the ADA in the form of extended leave or use any other policy the employer has to allow for unpaid leave. Under the ADA the employer must accommodate if they can do so without causing undue hardship on their business.

If you are denied, you can file a complaint with the EEOC.

Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to leave a positive rating of my efforts to explain the law of your issue to you, then the Site will give me credit for assisting you today. Thank you

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