Employment Law

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I need to seek mental health help, is my job able to fire me…

Customer Question
I need to seek...

I need to seek mental health help, is my job able to fire me for taking time off to seek such help?

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

Arkansas

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

Full time

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

Nothing I can think of.

Submitted: 4 months ago.Category: Employment Law
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Answered in 3 minutes by:
12/8/2017
Employment Lawyer: Marsha411JD, Lawyer replied 4 months ago
Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20,759
Experience: Licensed Attorney with 29 yrs. exp in Employment Law
Verified

Hello,

Thank you for your question. Do you qualify for FMLA? If aren't sure that would be if you have been employed at least 12 months and worked at least 1250 hours (equates to full time), and your employer has at least 50 employees.

Ask Your Own Employment Law Question
Customer reply replied 4 months ago
I took FMLA for the birth of my child. She was recently born.
Customer reply replied 4 months ago
I dont have service on my phone
Employment Lawyer: Marsha411JD, Lawyer replied 4 months ago

Thank you for your reply. I assume that you are saying that you don't have any of the 12 weeks in a 12 month period left. If that is not the case, and you have time left in the employer's 12 month period of that 12 weeks, then you would be entitled to job protection under FMLA for that period you have left, again assuming you worked 1250 hours in the 12 months leading up to your new FMLA.

If you do not have any FMLA left, then technically, your employer can terminate you if they have a neutral attendance policy that they enforce and you cannot meet the attendance policy. There is, however, an exception to that rule and it falls under the ADA. You can request a reasonable accommodation of your disability (temporary ones work) by way of a slackening of the attendance policy to allow you to take unpaid, or paid if you have it, leave to tend to your health issue. If the employer can accommodate you without causing an undue hardship on the business, they must.

If they say they can't accommodate you, then they can let you go. Your recourse would be to file a discrimination complaint, under the ADA reasonable accommodation rules, with the EEOC and, of course, you could also consult a local employment law attorney about your case and what you want to do next.

Please feel free to ask for clarification if needed. No phone call is needed, I didn't send that phone request, the Site did.

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Marsha411JD
Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20,759
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Experience: Licensed Attorney with 29 yrs. exp in Employment Law

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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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