Legal Question in Medical Leave in Georgia

Fmla

if a person is on a paid leave of absence such as short term disability due to cancer and treatments but are expected to be able to return to work after treatments are completed can they file for fmla to prevent losing job,since company only allows to be off for no longer than 6 months at a time?


Asked on 5/09/09, 10:15 pm

1 Answer from Attorneys

Gregory Fidlon Law Offices of Gregory R. Fidlon, P.C.

Re: Fmla

The cancer treatments should qualify the employee for FMLA leave. However, not every employer is subject to the FMLA. To be covered, the employer must generally have at least 50 employees working in a location within a 75-mile radius from the employee's worksite. Additionally, to be eligible, an employee must have been employed for at least one year and must have worked at least 1250 hours during that year. If eligible, the employee gets 12 weeks of unpaid FMLA leave in a 12-month period. However, many employers provide that FMLA leave runs concurrently with disability and other types of paid sick leave. The regulations governing FMLA leave are complex. You should consult with an attorney, such as myself, specializing in labor and employment law. If you are interested, please contact me using the information in my profile below. I would be happy to give you a free consultation by phone.

This response is for informational purposes only and does not create an attorney-client relationship.

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Answered on 5/09/09, 10:22 pm


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