Legal Question in Medical Leave in New Mexico

Time off with doctors note

I work for a company where I talk on the phone my whole shift. I lost my voice about a week ago and have not got it back yet. Because of the lack of voice I cannot perform my duties. I have been to the doctor 2 times and nothing they are doing is helpping. So I am at a point of sit and wait for it to come back. As long as I have doctors notes, is it legal for them to terminate me, due to the absences?


Asked on 1/16/07, 12:13 am

1 Answer from Attorneys

James R. Becker, Jr. Becker Law Firm

Re: Time off with doctors note

Under the federal Family and Medical Leave Act, you may be entitled to 12 weeks of unpaid leave for your own serious health condition. Generally, a serious health condition is any period of incapacity or treatment connected with inpatient care in a hospital or a period of incapacity requiring absence of more than three calendar days from work or other regular daily activities that also involves continuing treatment by (or under the supervision of) a health care provider. Additionally, you also must eligible leave (worked there more than 1 year and more than 1250 hours) and the employer must be covered (50 or more employees within a 75 mile radius). However, if you meet these qualifications and the employer is covered, then your job should be protected.

Finally, you may want to consult with a labor attorney in your area to discuss these issues. In addition to federal law, state law may provide you with some job protections that may be greater or different than the federal protections.

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Answered on 1/16/07, 9:46 am


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