Legal Question in Medical Leave in Alabama

Re: Fmla

FMLA is supposed to be for serious illnesses, not mere colds that last only a day or two. But if they do place you on FMLA, so what? Do they not pay you? If they are not paying you and they are supposed to pay you sick pay then there could be a simple breach of contract claim. Of course it wouldn't be worth very much - one day's pay, no attorney fees. If there were hundreds treated this way you might have a class action for breach of contract.

Remember though that FMLA gets you a lot of benefits - including of course reinstatment rights - if they are calling it FMLA then they are precluded from denying you FMLA benefits. If it is not FMLA then you can be fired for it.

Sterling L. DeRamus