What is Medical Leave and When Are You Entitled to One?


The Family and Medical Leave Act (FMLA) entitles an employee to 12 work weeks of unpaid leave during any 12-month period to attend to the serious health condition of the employee, parent, spouse or child, or for pregnancy or care of a newborn child, or for adoption or foster care of a child.

In order to be eligible for FMLA leave, an employee must have been at the business at least 12 months, and worked at least 1,250 hours over the past 12 months, and work at a location where the company employs 50 or more employees within 75 miles. Also, an employee seeking medical leave must give the employer notice of the need for leave and indicate when the employee anticipates returning to work.

The employee must provide information to the employer to suggest that his or her health condition could be serious. When the leave is foreseeable, the employee must give at least 30 days’ notice. When the leave isn’t foreseeable, the employer must provide notice to his or her employer as soon as practicable under the circumstances.

PRACTICAL ADVICE: If you think you have a serious health condition that could entitle you to a medical leave, give your employee at least a 30 days’ notice or as soon as practicable under the circumstances.

Read More: http://goo.gl/2lovlN

If you or anyone you know is entitled to a medical leave, contact the Law Offices of Payab & Associates @ (800) 401-4466 or visit http://employmentlawyersla.com/ if you have any questions regarding your rights at the workplace.

Associational Disability Discrimination


Employees may now have a claim against an employer that discriminates an employee because of his or her association with a disabled person.

In a recent case, when an employee was hired, he informed the employer that he planned to donate a kidney to his physically disabled sister. When the employee learned that the Donation Protection Act (DPA) would take effect on January 1, 2011, he requested paid leave to do so. The employee received satisfactory performance reviews and posed no disciplinary problems. Just 2 days before the DPA became effective, the employee was terminated for poor performance. The employee sued the employer for discrimination on the basis of his association with his physically disabled sister. The trial court dismissed the case but the appellate court upheld the associational claim.

As the Court of Appeals noted, associational discrimination has been the subject of very little litigation. The 7th Circuit identified 3 types of associational discrimination:

1. Expense– for example, when an employee is fired because his spouse has a disability and is covered by the company’s health plan.

2. Disability by Association– for example, when an employee’s homosexual companion has HIV and the employer fears that the employee also has been infected.

3. Distraction– for example, when the employee is somewhat inattentive at work because his child has a disability that requires his attention.

PRACTICAL TIP: An employer that discriminates against an employee because of his or her association with a disabled person is liable even if the motivation is purely monetary.

Read More: http://goo.gl/cz39vw

If you or anyone you know has any questions regarding discrimination by association, Call the Law Offices of Payab & Associates at (800) 401-4466 or visit our website at: http://employmentlawyersla.com/