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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118148
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I notified my employer that I will need surgery and he now

Resolved Question:

I notified my employer that I will need surgery and he now tells me that I will not have my job. He could not find problems with the job that I do other than using the following areas: I was not to provide the government a specific form (there was not issue since 2005) until now.
Submitted: 8 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 8 years ago.
If your employer has 50 or more employees, then you are entitled to 12 weeks of leave under the Family Medical Leave Act and you must ask specifically for FMLA leave and the employer must reinstate you to your same or comparable position upon your return. Unfortunately, if the employer does not have 50 or more employees, you do not have much recourse if he decides not to hold your job for your return.


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