Legal Question in Medical Leave in Michigan

medical leave

i had a bad infection that was getting worse even though iwas on antibiotics

finally the infection got so bad that my doctor had to take me off work for 3 days. the infection was strep. but it got so bad that my throat almost closed up and my doctor really wanted me in the hospital. but we decided to up the antibiotics and take me off work. i also work for that same doctor but upon return to work upper management told me that if i didnt allow them to pull time form my up coming vacation time that i would be terminated. is that legal to terminate someone who was put on medical leave and is it legal for my employer to penalize me and take from my future vacation time.


Asked on 5/05/07, 9:58 pm

1 Answer from Attorneys

James R. Becker, Jr. Becker Law Firm

Re: medical leave

If you are FMLA eligible and your employer is FMLA covered, as a general rule an employer can run any paid leave time you may have (i.e., vacation time) concurrent with your unpaid FMLA leave time. There may be some issues with doing it after you have already taken your FMLA leave. You should consult with an attorney in your area to determine if your employment rights have been violated.

You also may be protected by state laws. In order to determine what rights you may have under state law, you would not to consult with an attorney in your state.

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Answered on 5/06/07, 3:26 pm


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