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The boyfriend has had to call off afew days because of an…

Customer Question
The boyfriend has had...

The boyfriend has had to call off afew days because of an issue he now knows is plantar fasciitis. He was warned if he called off again he would be terminated. He is still having pain and cant be on his feet for too long. His office doesnt have any info about medical leave so i dont know if he is covered by fmla like normal peopl

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

The plantar fasitius he orginally thought was a work place injury till they sent him to their doctor

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

They know

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

He is asked to speak to an adjuster??

Submitted: 4 months ago.Category: Employment Law
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Answered in 4 minutes by:
3/8/2018
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 4 months ago
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,570
Experience: Employment/Labor Law Litigation
Verified

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance. (The system will automatically generate a phone call request to you. Unless I specifically state, during our discussion, that a phone call is possible, I intend to just use this chat format as I am not in a position to accept a phone call).

For him to be covered by FMLA, he has to have been working with the employer for at least 12 months and working 1250 hours in the last 12 months. The employer has to have at least 50 employees within 75 miles of where he works. Only then would FMLA apply.

If his office doesn't have any information about it, that really calls into question whether or not they even offer it, and then whether or not that law applies to them (they may be too small). He can try and tell the employer, if he thinks it does apply, that he is requesting FMLA leave for his time off and if they don't listen, he'd then have to file a complaint with the Department of Labor in your state. That would at least help determine if FMLA applies. If it does not, then he'll legally be terminated but if it does, he'll have established his FMLA claim.

If you have any further questions or other facts that you would like me to consider, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

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Employment Lawyer: Allen M., Esq., Employment Lawyer replied 4 months ago

Hello, I wanted to check in and make sure that there was not any additional information that you required after the response I previously provided to you. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care, have a great day and please don’t forget to rate my service.

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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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