Fmla Leave And Disability

Summary

Under FMLA, employees are entitled to up to 12 weeks of unpaid leave for serious health conditions. Employers must communicate clearly about FMLA status and requirements. If medical certification is required, it must be provided within the specified timeframe. Employers cannot dictate whether leave is intermittent or continuous if medically necessary. If denied FMLA, employees can discuss with their employer, file a complaint with the U.S. Department of Labor, or consult a labor law attorney. In cases of employer retaliation, employees may seek back pay, compensation for financial loss, emotional distress, and possibly punitive damages. Arbitration and court proceedings can address direct financial loss and punitive damages, depending on the terms of the arbitration agreement or employment contract.

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what if the employer says the employee has * calendar days to provide it and the employee doesn't because they believe they're covered under their intermittent cert and when told of the pending denial the employee is told it's due to not having worked enough hours so they employee gives their supervisor their intermittent cert and says it should be covered under that and the supervisor never says anything and then a month later the employee is told it's denied not due to enough hours but now it's denied due to not getting medical
Given the change in reasons for denial, the employer's actions may be questionable. However, under the FMLA:
- Employers can deny FMLA leave if the employee fails to provide required medical certification within the given time frame.
- Employers must communicate clearly about FMLA leave status and requirements.
It's recommended to consult with a labor law attorney for further guidance.
but what if you're given one denial reason and then another one once it's too late to submit the medical
The employer's actions can be seen as problematic. Under the FMLA:
- Employers must give clear and timely communication about FMLA leave status.
- If the reason for denial changes, it may be considered unfair.
It's advised to consult a labor law attorney for further assistance.
can you appeal an fmla denial even past the medical due datw
Under the FMLA, there isn't a formal appeal process. However, you may:
- Discuss the denial with your employer and provide additional information if possible.
- File a complaint with the U.S Department of Labor.
- Consult with a labor law attorney for potential legal action.
when would it be too late to apply for fmla what if the employer says you only have 39 days to appeal
Under FMLA, it's generally expected that:
- Employees provide 30 days' notice for foreseeable leave.
- For unforeseen leave, notice should be given as soon as possible.
- There's no formal FMLA appeal process. If denied, discuss with your employer, file a complaint with the U.S Department of Labor, or consult with a labor law attorney.
what's considered fair and timely
In terms of FMLA, fair and timely can refer to:
- Providing 30 days' notice for foreseeable leave.
- Giving notice as soon as possible for unforeseen leave.
- Responding promptly to employer's request for medical certification.
- Employer communicating clear and timely about FMLA status and requirements.
if you take two weeks to give an employer medical is that considered timely?
Under FMLA, it's generally expected that employees provide medical certification within 15 days of the employer's request, unless it's not practicable under the circumstances despite the employee's diligent, good faith efforts. If you took two weeks, it could be considered timely.
what about * weeks
Under FMLA, the employer's request for medical certification typically should be provided by the employee within 15 days. However, if it's impracticable due to certain circumstances despite good faith efforts, provision after 15 days might be acceptable. Consulting a labor law attorney can provide more clarity.
what if it can't be done in 15 days due to employer not giving you time off of work
Under the FMLA:
- The employer should reasonably accommodate your efforts to provide medical certification.
- If the employer's actions prevent you from meeting the *-day deadline, this might be considered unfair.
It's recommended to consult with a labor law attorney for further guidance.
if i have an employment contract that states I can't move more than * miles away from my employer but my employer causes me undue hardship and the only recourse I have is to move in order to be able to keep working but the only place I can move to is more than * miles away would I be in breach of contract
Based on your situation, here are some general legal points:
- If you violate the terms of your contract, it could likely be seen as a breach.
- Undue hardship might provide grounds for renegotiation or termination of the contract.
- It's crucial to consult with an employment law attorney for specific advice.
lets say my employer illegally suspended me without pay which has cause me to lose my apartment so the only option I had was to move in with my Dad who lives * miles away
If your employer's actions led to your suspension and subsequent move, it's a complex situation. Here are some points to consider:
- If the suspension was unlawful, your employer can potentially be held liable.
- Breaching the contract due to circumstances beyond your control may be defensible.
- Consulting with an employment law attorney is strongly advised in this case.
would an absence that started on */*/* and went until */*/* be considered the same absence
Under the FMLA, continuous leave for a single serious health condition would likely be considered one absence. However, specifics may vary and depend on the employer's policies. Consulting with a labor law attorney can provide more clarity.
what if it went from */*/* to */*/* and then it was sporadic dates after is that the same absence
Under FMLA, the intermittent leave allows for leave in separate blocks of time due to a single qualifying reason. So, sporadic dates after */*/* might still be considered part of the same absence if they're for the same health condition. Consult with a labor law attorney for clear understanding.
If your absence does exceed the approved duration set forth above and is approved under the applicable disability plan within * calendar days from the date the exceeded absence was reported into AMTS, the absence will also be approved under FMLA. However, you will not have another opportunity to apply for FMLA leave for this absence if your Short Term Disability is not approved within this * calendar day period. Accordingly, to ensure that your absence is considered for FMLA leave coverage, you must return a completed FMLA Medical Certification Form within the time frame specified. what does that message mean
The message means that:
- If your absence goes beyond the approved duration and gets approval under the disability plan within 39 days, it'll also be approved under FMLA.
- If your Short Term Disability isn't approved within 39 days, you cannot apply for FMLA for this absence.
- To be considered for FMLA, you must submit a completed FMLA Medical Certification Form in the specified time.
so for this particular absence if short term disability is denied then you can't apply for fmla
Yes, according to the message, if your Short Term Disability isn't approved within the *-day timeframe, you won't be eligible to apply for FMLA leave for this particular absence.
what if you was already on FMLA leave that turned into a disability are they able to say you still can't use apply for fmla for that absence? if you was already originally on approved fmla leave but it was intermittent
In such a situation, here are some points to consider:
- If your FMLA leave turned into a disability, the same leave might continue under disability provisions.
- If the FMLA leave was intermittent, it may still be counted towards the total FMLA leave entitlement.
- It's recommended to consult a labor law attorney for more detailed guidance.
is an employer allowed to tell you if you fmla leave needs to be intermittent or continous
Under the FMLA:
- Employers generally cannot dictate whether an employee's FMLA leave is intermittent or continuous.
- It is typically determined by the medical necessity and certified by a healthcare provider.
- However, the employer can ask for a certification or second opinion.
It's advised to consult with a labor law attorney for a clear understanding.
what if an employer doesn't tell you that you can't use your intermittent leave because they want it to be continuous because you have a disability claim even though your health care provider gave you an intermittent cert for your claim
Under the FMLA:
- Employers cannot typically override a healthcare provider's certification for intermittent leave.
- Employers should not prevent the use of intermittent leave if it's medically necessary and certified.
- If your employer is not acknowledging your intermittent certification due to a disability claim, it may be problematic.
Consult a labor law attorney for more detailed advice.
in what situation would it be okay for them to do that
Under the FMLA, an employer can require an employee to take continuous leave instead of intermittent leave only in two situations:
- If the leave is for the birth, adoption, or foster care placement of a child.
- If the employee agrees to it.
Otherwise, if the intermittent leave is medically necessary and certified, the employer generally cannot deny it.
if you get suspended without pay in nys and lose your apartment due to lack of income how much can you sue your employer for?
The amount you may sue for depends on various factors, including:
- The extent of your financial loss.
- Any emotional distress suffered.
- Potential punitive damages if the employer's conduct was particularly egregious.
It's advised to consult with an employment law attorney to evaluate your specific circumstances and potential remedies.
employer retaliated against you for taking fmla leave and suspended you for * weeks due to this you lost your apartment how much can you sue for?
The damages you may seek due to employer retaliation can include:
- Back pay for the lost wages.
- Reinstatement if you were fired.
- Compensation for any direct financial loss.
- Possibly emotional distress damages.
- Possibly punitive damages.
Consult with an employment law attorney to evaluate your specific circumstances.
what's punitive damages
Punitive damages are monetary amounts awarded to a plaintiff in a lawsuit, in addition to actual damages, to punish the defendant for malicious or extremely negligent behavior and to deter similar future conduct.
what's a direct financial loss
Direct financial loss refers to the measurable cost of the damage caused by an unlawful act or omission. In your case, it could be the loss of wages from the suspension, or the cost of losing your apartment.
like having to find a new apartment?
Yes, direct financial loss could include costs related to finding a new apartment, such as moving expenses, increased rent, or any fees associated with breaking your old lease. These are tangible, out-of-pocket costs that you incurred due to your employer's actions.
can you sue for direct financial loss and punitive damages in arbitration or only in court?
In both arbitration and court proceedings, you can seek direct financial loss and punitive damages. However, the specifics may depend on the terms of your arbitration agreement or employment contract. It's recommended to consult with an employment law attorney for precise guidance.