Employment Law

Employment Law Questions? Ask an Employment Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Employment Law

I have severe asthma and I have just been told that I need

Customer Question
to ask for protection under...
I have severe asthma and I have just been told that I need to ask for protection under FMLA so that I do not lose my job. I am a 20
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: I am a 10 year employee at the Oceanside high school innoceandide New York
JA: Is the employment agreement "at will," union, full time or part time?
Customer: I am a full time union member
JA: Anything else you want the lawyer to know before I connect you?
Customer: I have contacted my doctor and asked that a letter be sent regarding my health condition.
Submitted: 7 days ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 5 minutes by:
1/9/2018
Employment Lawyer: Legal Eagle, Lawyer replied 7 days ago
Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 7,386
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
Employment Lawyer: Legal Eagle, Lawyer replied 7 days ago

I'm sorry to hear about your situation.

Under the Family Medical Leave Act (“FMLA”) eligible employees may take up to twelve (12) weeks off of their position to care for themselves or a family member that is dealing with a serious health condition. The employee is entitled to return to their same or similar job. A family member does not include in-laws, but does include a spouse and a child. or a parent. An eligible employee is one that has worked for their employer for the past twelve (12) months and has worked at least 1,250 hours in those past twelve (12) months. The employer must also be covered under FMLA before they are required to provide FMLA leave. A covered employer typically only has to have at least fifty (50) employees within a seventy-five (75) mile radius for at least twenty (20) workweeks in the current or preceding calendar year. Also, an employer is required to provide employees with notice of their rights under the FMLA And is required to provide you with notice of your FMLA rights when they have knowledge of a triggering event.

So, if your employer is eligible, which it probably is, then you may be owed some FMLA time. You may have to use some of your sick and vacation time over the period you're out; however, your job will be safe in any event.

What other questions did you have for me regarding this?

Ask Your Own Employment Law Question
Customer reply replied 7 days ago
Do I need to submit a letter asking for this protection
Customer reply replied 7 days ago
No
Employment Lawyer: Legal Eagle, Lawyer replied 7 days ago

Not usually, but what would make sense is if you speak with your HR representative, they should provide you with the forms that they have so you can request FMLA. They should have a process set up for you entirely to help you out with this. Did you have any other questions for me?

Ask Your Own Employment Law Question
Customer reply replied 7 days ago
Not now thank you
Employment Lawyer: Legal Eagle, Lawyer replied 7 days ago

The pleasure is all mine! Unless you have additional questions, there’s just a few other things I’d like you to know before we wrap up this conversation:

  1. Could you look on your screen and provide me a star rating? 5-stars are always appreciated.

  2. You can save me as a favorite if you would like.

  3. For your benefit, you can also click here in the future to request me individually.

  4. Don’t forget, if you haven’t already, you can always sign up for a membership with Just Answer and start asking more questions for cheap.

  5. Don’t forget to tell your friends about justanswer.com!

Ask Your Own Employment Law Question
Ask Legal Eagle Your Own Question
Legal Eagle
Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 7,386
7,386 Satisfied Customers
Experience: Licensed to practice before state and federal court

Legal Eagle 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 have submitted two fmla filled out by 2sets of doctors one
I have submitted two fmla filled out by 2sets of doctors one my cancer specialist and one my GP. My head of HR set the "condition does not merit an Intermittent FMLA althought both set of doctors requ… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 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
7,386 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
In Arkansas, under Arkansas EMployment Laws and under the
In Arkansas, under Arkansas EMployment Laws and under the laws of the US Dept of Labor, is it legal to ask an employee that drives a company owned and insured vehicle to pay 1/2 or all of the deductib… read more
Ray
Ray
Lawyer
Doctoral Degree
30,828 satisfied customers
FMLA protects job rights for up to 12 weeks. Does Worker's
FMLA protects job rights for up to 12 weeks. Does Worker's Compensation law protect or provide return to work rights beyond 12 weeks (assuming we run WC absence concurrent with FMLA absence)? (Questio… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Second opinion] My husband went out on FMLA effective Oct 5,
second opinion] My husband went out on FMLA effective Oct 5, 2017 for what was to be a 3-4 week leave for surgery/recovery for his colon. His company said he had to use his vacation time then after 29… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,131 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
7,386 satisfied customers
Employment Law: Mandatory training. If required or mandatory
Employment Law: Mandatory training. If required or mandatory to complete. I am an hourly employee and management expectst that we complete while working our shift or is this something that should be p… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I'm looking for an expert in both "employment law" and
I'm looking for an expert in both "employment law" and "criminal law," for I'm not sure whether my question falls under the "employment law" category or the "criminal law" category or both. On Sunday,… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I became disabled, I took FMLA, with 4 extensions, had bilat
I became disabled, I took FMLA, with 4 extensions, had bilat knee replacement, went back to work and lost 30 percent of my pay … read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,316 satisfied customers
This is about employment law. No, that is not necessary or
full time and our contract does include a non compete clause … read more
Damien Bosco
Damien Bosco
3,370 satisfied customers
I have a California employment law question. is there
I have a California employment law question. is there someone that can assist? … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I asked for FMLA PAPERWORK AND WAS FIRED. Arkansas I am also
I already have intermittent FMLA for narcolepsey and am covered by the ADA. I was fired because they said that I was over the companies 80 hour rule. However after further investigation. I was actually at 79.25 hours.… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Are you familiar with employment law in Arizona? Full time /
wrongful termination, sexual harrassment misconduct/cover up, hostile work environment, retaliation.....hi-profile employer, out of fear and fiancial panic, took severance and signed. first, any severance in hospitality is unheard of....employer offered me two months, i countered at 6 months and then agreed to five months because of financial situation...to me, this reeks guilt?....can i still pursue complaint with EEOC? I have multiple witmesses to sexual misconduct and did in fact inform management....too much too type...ugh … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,688 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
28,688 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
7,386 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