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My wife has Multiple Sclerosis, she called in sick to work…

My wife has Multiple...

My wife has Multiple Sclerosis, she called in sick to work one day last week and was given a negative counselling for it. They also continue to count a day she missed from last year when she couldn't get to work because the interstate was closed due to a snowstorm. We are in Colorado. Something just doesn't seem right about this.

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

Colorado.

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

She is full time, I think that Colorado is an "at will" state. I don't have a copy of her employee's hand book at this time.

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

My wife is diagnosed with Multiple Sclerosis and her employer knows this.

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Answered in 17 minutes by:
11/19/2017
John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 6,050
Experience: Exclusively practice labor and employment law.
Verified

Hi, thanks for submitting your question today. My name is John. I have over 13 years of legal and consulting experience in this area. I’m happy to assist you with your question today. Please note that the website may ask you if you desire premium services, such as a phone call. I do not control these prompts, and you are not under any obligation to order premium services to get a full answer from me. If you do desire premium services, however, feel free to select that option. I will have an answer for you shortly, unless I require additional information. Please be patient while I may have to research some matters before providing a response. In the meantime you should save the url link or bookmark this webpage in case you become disconnected and need to return to this page at a later time.

Does the employer have 50 or more employees?

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I see. Your wife will need to request intermittent time of for her MS flare ups. Once the request is made the employer may require a treting source doctor to complete paperwork on the nature of the condition etc to determine eligibility - you in turn should instruct that doctor on what exactly is occuring and why you need the paperwork - specifically he/she needs to note the occassional flare ups, the severity and duration. Then, if they counsel her on leave after that, they are committing FMLA retaliation.

With regard to the snowstorm absence, that technically is not illegal to counsel an employee for that as long as they treat everyone the same. Now, if they just did it to her because she has MS, that's a different story - it's illegal disability discrimination.

I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers (even though the website already charged you, it does not credit me with the answer unless and until you indicate you are satisfied with the answer). If you are on a mobile device, you may need to scroll to the right. Thank you, ***** ***** wish you all the best with this matter.

John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 6,050
Experience: Exclusively practice labor and employment law.
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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