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Recently my brother in law was diagnosed with cancer stage…

Customer Question
Recently my brother in...

Recently my brother in law was diagnosed with cancer stage 4. He has holiday for 60 days already racked up. So he is good financially until end of January. He did not purchase long term insurance for pay. I assume at February he would need to file for FMLA, which I believe protects his job for 12 weeks. What are his options otherwise and also he works as a teacher for the state of texas. What other benefits or things should I be considering for him?

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Texas

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Full time teacher for the state, not union

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I think thats is, not sure what I dont know

Submitted: 7 months ago.Category: Employment Law
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11/10/2017
Employment Lawyer: Phillips Esq., Attorney-at-Law replied 7 months ago
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Employment Law
Satisfied Customers: 22,030
Experience: B.A.; M.B.A.; J.D.
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Hello: This isCustomer Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

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Employment Lawyer: Phillips Esq., Attorney-at-Law replied 7 months ago

I am sorry to read about your brother-in-law's medical condition.

After the expiration of his FMLA, he can also request for Temporary Disability Leave, which can last for up to 180 days. Then, when that is exhausted, he can request for additional leave under ADA, Americans with Disabilities Act. This would be a request for reasonable accommodation to take additional time off because of his illness. The employer may or may not grant the request. Request under ADA would only be approved if it would not cause financial hardship to the employer.

Best wishes,

A positive rating to my response is appreciated so that I can receive credit for responding to your post. There is no additional cost to you for giving a positive rating.

Thank you for your cooperation.

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Customer reply replied 7 months ago
Does short term disability and fmla run concurrent? The school is saying after 5 days they must put him on short term disability and fmla. Also can the school reject temporary disability leave? At what point is the school legally allowed to release him for not being able to work? Also they are removing his coaching stiphen right away, is that normal?
Employment Lawyer: Phillips Esq., Attorney-at-Law replied 7 months ago

Does short term disability and fmla run concurrent?

Response 1: It can depending on the policy of the school.

The school is saying after 5 days they must put him on short term disability and fmla. Also can the school reject temporary disability leave?

Response 2: Unfortunately, yes.

At what point is the school legally allowed to release him for not being able to work?

Response 3: This would really depend on his circumstances and the school's policy.

Also they are removing his coaching stiphen right away, is that normal?

Response 4: This would depend on the school's policy.

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