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a legal question to semi's !!!!!

Posts: 758
Joined: Jul 2004

hello all semi's
i have been having a hard time as of late at work. i have a new boss(thank god) here is the question. i told him i am in need of a hernia surgery and 2 knee replacements. he knows that i came back to a mess and i am having problems with my asst's. he came in yesterday and told me i am behind in getting things done. i know it is his jo to push me as much as he can. should i put it in writing that i am having health issues even though i told him. or should i not because it will be used against me as a performance issue.
any and all advise is welcome.
be well
all the best
never,never give up!!!

usakat's picture
Posts: 625
Joined: Jul 2006

Hello Bruce,
This is a tough one. I'm not an attorney, but I know that by law, FMLA - Family Medical Leave Act, you are entitled to 12 weeks unpaid leave and your company is required to hold your job. However, most private or non-contract employees' jobs are considered "at will," meaning that either the employer or the employee may terminate the relationship at any time for any reason, provided the termination does not break any other laws.

As for putting your health issues in writing to your boss? Not sure about that unless you were planning on taking time off for your surgery. Is the real issue the performance of your assistants? Perhaps instead of asking your boss for latitude, you could rally your assistants to help you, if not help them leave and find someone who can perform to your expectations.

I'm experiencing a few difficulties with work too - I decided my health was more important. Cancer is teaching me to better balance making a living and living my life.

I hope this helps and I hope your situation gets better. Keep us posted...


usakat's picture
Posts: 625
Joined: Jul 2006

BTW - Before going into construction management I was an HR and payroll manager.

Anyway, a bit more on FMLA - not all employers/employees are covered by FMLA. The size of your company and the number of employees at each location determines eligibility for the employer/employee. Employees must have worked 12 months prior to the leave and worked a minimum of 1250 hours to be eligible. Eligible employees are entitled to 12 weeks per 12 months. After 12 weeks the employer does not have to maintain your employment, but you would utilize short-term and long-term disability insurance if you have it, or social security.

FMLA is federal law, but your state of residency may also have laws protecting employees during leave or limited work situations.

If you are in union you may have different options available also. If so, contact your union representative.

If you have an HR manager at your company, they would be your best resource and could help you understand your your Company's specific policies regarding medical leave and limited work assignments. For an attorney to properly advise you they would need to review your employee handbook and company policies.

Hope this helps.

Posts: 1560
Joined: May 2006

Hello Bruce,

I would call a labor law attorney and ask these questions. When I have a quick question like this, I take a phone book and just start dialing. Some will say that they don't consult on the phone, but some will answer the questions. And they don't charge for phone conversations.

There should also be low or no cost legal help in the area where you live in case you need a serious help and can not afford high paid lawyer.

Hope it helps.

Hope it helps.

Posts: 719
Joined: Feb 2005

Hi Bruce - I am so sorry that you are having problems at work. I would do my best to find an good HR professoinal and pick his or her brain about the whole situation. There are things which bosses simply cannot do; if you are feeling pressured, you owe it to yourself to defend yourself properly. All the best and I hope things calm down for you - Maura

KathiM's picture
Posts: 8077
Joined: Aug 2005

aw, Bruce, I'm sorry it's so tough for you right now. But the advice already given is what I would give, too....HR person and attorney.
I am sending strong, leveling vibes to you, my dear!

Hugs, Kathi

scouty's picture
Posts: 1976
Joined: Apr 2004

A lawyer friend of mine told me to tell you to contact your local ACLU (yes those liberals!!!!). They will give you free legal advice for your area as well as be able to be an advocate for you as a cancer survivor with ongoing health issues.

Lisa P.

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