Employment Law

Employment Law Questions? Ask an Employment Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Employment Law

If an employee has fmla for bronchial issues and uses a

Customer Question
If an employee has...

If an employee has fmla for bronchial issues and uses a spray agent that could trigger it when theyre not suppose to be using it anyway is that something that fmla is held accountable for? Its self inflicted.

Lawyer's Assistant: Have you documented this or discussed it with HR?

No not yet

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

Full time

Submitted: 2 months ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 5 minutes by:
12/13/2017
Employment Lawyer: Legal Eagle, Lawyer replied 2 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 8,361
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

Ask Your Own Employment Law Question
Customer reply replied 2 months ago
sure
Customer reply replied 2 months ago
no
Employment Lawyer: Legal Eagle, Lawyer replied 2 months ago

Thanks for your patience. Generally, under FMLA, the only responsibility that an employer has in this regard is to ensure that they do not terminate an employee who has an FMLA-qualifying condition. In this case, if the employee has bronchial issues, but they are using an agent that is causing their own issues, then there is not much that the employer has to even concern themselves with. The reason is because if the employee must leave out on FMLA because of their issues, they only get up to 12 weeks per year. If they go beyond that time, then the employer can terminate them.

What other questions did you have for me today?

Ask Your Own Employment Law Question
Employment Lawyer: Legal Eagle, Lawyer replied 2 months ago

Hello, it’s been awhile since we connected so I wanted to check in with you to see if you had any further before you rated. If you have any other questions or if there is anything else I can assist you with today. Please reply here and let me know.

Ask Your Own Employment Law Question
Ask Tina Your Own Question
Tina
Tina
Tina, Lawyer
Category: Employment Law
Satisfied Customers: 8,184
8,184 Satisfied Customers
Experience: JD, BBA, recognized by ABA for excellence.

Tina is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

12,549 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,316 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,054 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

3,912 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

< Previous | Next >

Related Employment Law Questions
I need to know more about FMLA. With a company of about 4000
I need to know more about FMLA. With a company of about 4000 employees. We have over 167 hubs in over 20 states. Does each hub stand on its own when being required to have 50 employees? We weren't inf… read more
Legal Eagle
Legal Eagle
Lawyer
8,361 satisfied customers
I have cancer and am on FMLA. Suddenly and without
I have cancer and am on FMLA. Suddenly and without discussing the matter with me my employer is bringing on a consultant to shadow me. I feel intimidated and feel they are doing this in retaliation of… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,549 satisfied customers
I was notified of a breach in fmla confidentiality regarding
I was notified of a breach in fmla confidentiality regarding the reason of the leave. The individual is sharing fmla medical details with my coworkers. What now? … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I had a heart attack on 10/23/17 and was placed on FMLA for
I had a heart attack on 10/23/17 and was placed on FMLA for 90days, however, while in this FMLA my employer terminated me on 1/31/18. … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,549 satisfied customers
I was approved for non fmla hr approved leave of abscence. I
I was approved for non fmla hr approved leave of abscence. I filled out a form when I expressed my concern with the ada act. It was approved. Now that I became eligible for fmla I was given the same c… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,549 satisfied customers
If while on FMLA leave due to an auto accident, can a
If while on FMLA leave due to an auto accident, can a supervisor state to another supervisor that they do not believe that the employee is hurt because they looked at their automobile? … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I have ADA accomodation and intermittent fmla. I also go to
Hi, I have ADA accomodation and intermittent fmla. I also go to school and take classes online. I have lupus/arthritis. My doctor said it was fine to use fmla while going to school because of differen… read more
Phillips Esq.
Phillips Esq.
MBA
18,637 satisfied customers
I was approved for non fmla hr approved absence when i
I was approved for non fmla hr approved absence when i requested leave through the ada . Once i was eligible for fmla the employer forced fmla paperwork and informed me that I could not return to work… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,316 satisfied customers
I was approved for FMLA for 12 weeks. I have clompleted my
Hello, I was approved for FMLA for 12 weeks. I have clompleted my time and am ready to return to work. My employer is offering the same job to me that I had, however, he said I had to move to Arkansas… read more
Legal Eagle
Legal Eagle
Lawyer
8,361 satisfied customers
Once my 60 days of FMLA are used before the year is up is
Once my 60 days of FMLA are used before the year is up is there a way to obtain an extension and for how many extra days can I get due to my illness. In my case at age 70 I have a painful enlarged pro… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,316 satisfied customers
The clinic I attend to was given papers to sign for fmla
The clinic I attend to was given papers to sign for fmla leave. My employer has strict deadlines and I was not able to return to work at the moment I was ready to return to work. I am on some type of … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,054 satisfied customers
I was on FMLA. My position with the company was considered
I was on FMLA. My position with the company was considered critical so four weeks out they hired the PRN person to do my job. I returned to work after 8 weeks. Now I am having to train my replacement … read more
Legal Eagle
Legal Eagle
Lawyer
8,361 satisfied customers
Out on fmla, my manager, hr department and payroll
Out on fmla, my manager, hr department and payroll department are not responding to my requests to view my time off accrual reports. My paychecks have been incorrect and I've asked to review my accrue… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have an employee out on FMLA that was to return on January
I have an employee out on FMLA that was to return on January 3rd. They have not been in correspondence or called, returned calls ect. Their paperwork states that they would be out for 6 weeks. They st… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
If an employee has fmla for bronchial issues and uses a
If an employee has fmla for bronchial issues and uses a spray agent that could trigger it when theyre not suppose to be using it anyway is that something that fmla is held accountable for? Its self in… read more
Legal Eagle
Legal Eagle
Lawyer
8,361 satisfied customers
Is it a violation of FMLA if the employer knew that an
Is it a violation of FMLA if the employer knew that an employee had a serious health issue and fired that employee, when 12 weeks of FMLA could have resolved the issue. … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,054 satisfied customers
I submitted FMLA paperwork for reinstatement of my FMLA and
I submitted FMLA paperwork for reinstatement of my FMLA and it's been 8 days. I haven't received approval, denial or a request for more information. How long do I have to wait for an answer either way… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,764 satisfied customers
This concerns FMLA; the use of FMLA is limited as I
This concerns FMLA; the use of FMLA is limited as I understand it. However, can you give credence to whether an employee can use FMLA in conjunction with a previously scheduled vacation out of country… read more
Legal Eagle
Legal Eagle
Lawyer
8,361 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x