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If there is an insurance company that has agencies where…

If there is an...

If there is an insurance company that has agencies where there products are sold but the employees of the agencies are managed and paid by the “agency manager” not the insurance company itself are those employees entitled to FMLA benefits?

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

Kentucky

Lawyer's Assistant: Has anything been filed or reported?

Our daughter was fired due to poor attendance. She had several health issues and wanted to provide doctor supporting documents but the agency manager said she should not have used up her 2 weeks of leave. She had filed for unemployment but he is disputing it.

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

Not that I can think of.

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Answered in 41 minutes by:
3/8/2018
Attorney Wendy
Category: Employment Law
Satisfied Customers: 531
Experience: Member at Keefer & Keefer LLC
Verified

Hello. My name is ***** ***** I have been an attorney for 20 years. I am currently working on a response to your question and will provide it to you shortly.

Ask Your Own Employment Law Question

Whether an employee, such as your daughter, is entitled to FMLA benefits does not directly depend on whether she is paid by the insurance company or agency manager. The key question is who her actual employer is (whose name is ***** ***** paychecks and who is shown as the employer on any forms she signed when she began employment). Then whether FMLA leave is provided is dependent on meeting several criteria: (1) her actual employer must have at least 50 employees; (2) she must have worked for 12 consecutive months; (3) she must have worked 1,250 hours in the 12 months preceding the requested leave. If she was entitled to leave under FMLA and took that leave, she would be protected from any retaliatory actions as a result of having taken leave. If she used all the leave available to her - whether pursuant to FMLA or under the employer's own policies if FMLA did not apply - she can be terminated for poor attendance for taking additional leave unless she suffers from a disability that would protect her and entitle her to reasonable accommodations to make her able to perform the job responsibilities. Kentucky is what is known as an at-will state, meaning either the employee or the employer can terminate the relationship for any reason or no reason, unless that reason is unlawful (e.g., discrimination, retaliation for exercising legal rights like those under FMLA). If the employer is taking the position that she was fired for poor attendance with the unemployment commission, your daughter will want to determine whether she was entitled to leave and how much and whether she exceeded that amount. It will also be important for her to document any supervisor approval of the leave taken. Unfortunately, health issues alone may not provide job protection unless those health issues rise to the level of a disability or the health issues result in the need for leave that does not exceed the leave provided either under the FMLA if it applies or the employer's announced policies. I hope this helps you and your daughter evaluate her situation.

If you need further assistance, please reply to this email. If I answered your question and provided excellent service, I would greatly appreciate your 5 star rating at this time.

Please note: This is for informational and educational purposes only and is not legal advice. No course of action is being proposed and no attorney-client relationship or privilege has been formed as a result of this conversation.

Attorney Wendy
Category: Employment Law
Satisfied Customers: 531
Experience: Member at Keefer & Keefer LLC
Verified
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Category: 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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