by Anonymous on June 25th, 2009

Anonymous

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What happens with unemployment when an emplpyer is protesting it and an attorney states fmla rights have been violated?

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  • by PALawyer on June 25th, 2009

    PALawyer

    The question is a little unclear, but assuming the jist of the question is "what are fmla rights" and how would it affect an unemployment claim, here is my answer:

    FLMA stands for Family Medical Leave Act. It is a federal protection act for empoloyees that states that an employee may take up to 12 months off, unpaid, and still return to work.

    Typically it is for child birth, serious medical issues, or serious medical issues for family members. Only certain employees are covered. See http://www.dol.gov/esa/regs/compliance/posters/fmlaen.pdf

    Regarding unemployment, if an individual is terminated for missing time due to issues covered under the FMLA, the employer has violated the act. Effectivley, the employee can seek a civil rights suit against their employer.

    If this is an issue related to Pennsylvania, please feel free to contact me directly and we can discuss this further.

    Comments
    • I was just curious if unemployment will consider my termination as good cause or if I will continue to be over stressed with all of this. Driving me crazy...lol. Thanks for your answer! I appreciate it!

      Anonymous

      by Anonymous on June 25th, 2009

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