Legal Question in Medical Leave in Indiana

FMLA Elgibility

I worked for my current employer for 9 months separated employment for 6 weeks and now have been back for 8 months I am full time. I have asthma and was written up for missing 5 days of work due to asthma due I qualify for FMLA even though I left employment for 6 weeks my 12 months non-consecutive are in and I have the hours.


Asked on 2/08/07, 8:22 am

2 Answers from Attorneys

Kenneth Lauter Kenneth E. Lauter, PC

Re: FMLA Elgibility

It sounds like you are very familiar with your rights under the FMLA. One thing I can add to your existing knowledge is that: (1) if your 5-days absence was consecutive, and/or (2) if the 5 days were intermittent but your asthma qualifies as a chronic condition; then you are likely protected under the FMLA. Please feel free to contact me if you have any further questions.

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Answered on 2/10/07, 12:42 pm
Andrew Dutkanych Biesecker & Dutkanych

Re: FMLA Elgibility

THe 12 months do not need to be consecutive to qualify for FMLA leave. You can obtain more information at www.dol.gov. If you have other questions, please feel free to contact me.

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Answered on 2/08/07, 10:48 am


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