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JB Umphrey
JB Umphrey, Attorney
Category: Legal
Satisfied Customers: 20233
Experience:  Explains legal matters based on 14+ years experience.
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My son has worked at a small pizza/party store for the past

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My son has worked at a small pizza/party store for the past 4 years --he works approx 36-40 hours a week in the kitchen area doing prep work, stock, etc. He broke his ankle playing soccer and is in a non-weight bearing book for approx 6-8 weeks minimum - he told his employer and they indicated there was nothing they could offer and to keep them posted - are there any benefits in Michigan that he could qualify for - is he protected under any leave act -- is his job protected under any law so he can return - they didn't tell him he was fired but they did not offer any job duties change -
Submitted: 7 years ago.
Category: Legal
Expert:  JB Umphrey replied 7 years ago.
Thank you for using JustAnswer!

Approximately how many people work there?
Customer: replied 7 years ago.
approx 7 full time and maybe 3-4 part-time
Expert:  JB Umphrey replied 7 years ago.
Unfortunately, due to the small number of employees, your son is not protected under the Family with Medical Leave Act -- that would keep his job open for him for up to 12 weeks. But, because of the small number of employees, his employer is exempt from that.

Your son's situation is a prime example of why folks should seriously consider purchasing their own disability insurance policy (remember all those AFLAC duck commericials?). There is just no guarantee of a job and it's really, really tough.

Hopefully, your son will take the time to call his boss ONCE A WEEK to let him know how he's doing and give him an idea of when he'll be able to return to work. It's important to keep that contact because it's only your son's charm that will help him in being able to return to a job.

Good luck and best wishes for better days ahead. I hope that you find this information to be helpful in better understanding where you son legally stands and why. I also hope that you find this answer to be ACCEPTable!
Customer: replied 7 years ago.
the second half of the question was whether he is entitled to any type of benefits by the state like unemployment?
Expert:  JB Umphrey replied 7 years ago.
Unfortunately, no. Because, in order to be eligible for unemployment you have to be able to work. Right now, your son is not able to work.
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