The primary law that protects employee’s rights to take a leave of absence for personal medical needs is the Family and Medical Leave Act or FMLA. This law applies to you if you have worked for at least a year for your employer, have worked 1,250 hours in the previous year, and there are 50 employees who work within 75 miles of your jobsite. If eligible under this law, you are entitled to 12 weeks of job-protected leave in a single year. There are several ways to calculate this one-year period, they include the prior 12 months, the 12 months since taking leave on the previous occasion, and the calendar year. When an employer does not provide leave to which you are entitled to or fails to follow the laws that regulate self-medical leave, your rights may have been violated and you could bring a legal case against them.
What defines a serious health Condition?
If a health condition causes you to be unable to perform essential job duties it is considered a serious health condition. These can include serious injuries, illnesses, or mental and physical conditions that involve inpatient care in the hospital, hospice, residential care facility, or other areas of continuous treatment by a health care provider.
At times it can be difficult to determine if you are eligible for self-medical leave. Different definitions have been created for various periods of incapacity, such as for chronic health conditions like diabetes, for permanent or long-term conditions for which treatment is not effective such as cancer, or for treatments after an accident or other injury. It can even include pregnancy. Any medical condition that’s likely to cause incapacity for more than three days in a row may qualify you for self-medical leave.
Conditions that usually do not meet FMLA leave requirements include a common cold, earache, upset stomach, flu, minor ulcer, non-migraine headache, periodontal disease, or routine dental problems.
Seeing Your Physician:
When asking for self-medical leave, your employer my ask for proof from your health care provider that you do have a serious health problem requiring you to be away from your job, and for how long. They may possibly even askthat you get a second opinion at the employer’s expense
Unfortunately, many employers retaliate against an employee for asking for self-medical leave and for taking it, even if it’s truly needed. Such retaliation can include adverse employment action, such as termination, failure to rehire, or refusing to promote to an elevated position. Many employees are even demoted at absolutely no fault of their own. These are just a few of the negative changes in terms and conditions of employment that an employer may impose upon an employee who requires self-medical leave. If this has been your experience you may be entitled to compensation. Don’t allow your employer to retaliate against you. Call the self-medical leave lawyer Matt Scott Law today to discuss your case.