Legal Question in Medical Leave in Florida

Fmla

I am a new mother that has taken my 12 weeks of FMLA. Immediately following my return, the company came under new ownership which in turn replenished my vacation time etc. I still am suffering greatly from the same illness that kept me out for the original 12 weeks. I have spoken to my physician and he states that I am not in any condition to return and will atest to this fact via legal diagnosis. My question is, that while I still hold the same position and still work for the same chain, just under new ownership: can I use an additional time frame of flsa because the company traded hands. I have worked there 12 years and maintain seniority, I am under the impression that the new company should fall under the federal guidelines of the original flsa. Can You advise and if not, what are my other options?


Asked on 5/23/09, 4:21 pm

1 Answer from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Fmla

Go to human resources and speak to them about your issue. Many employers will give a valuable employee the time off even if they could legitimately fire you. FMLA is without pay. You have been there 12 years. If I was the employer and if you were a good employee I wouldn't necessarily pull the plug on you. Good to keep good employees and build good will.

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Answered on 5/23/09, 4:47 pm


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