I have a doctor's prescription since 7/2/10 to be off of work due to Pneumonia

I have been under my doctor's care since then and have gotten continued prescriptions to stay out of work due to continued pneumonia. I am a full time nurse, now going into third week out of work, my employer never said the LOA was FMLA (although I would qualify)and even just yesteday was I given a LOA form of which I signed and returned to my boss and HR, don't know if they even granted that. By law if I have a serious medical condition and my doctor certifys that I have to stay off of work do they not have to grant me FMLA and a LOA.? I did not know my rights under FMLA till today and left message with HR.)whom was too busy to talk to me) that I want my FMLA, LOA during the time off of work. Have gotten no response yet. What are my rights here?

1 answer  |  asked Jul 14, 2010 7:55 PM [EST]  |  applies to California

Answers (1)

Elisa Ungerman
If your employer qualifies as a "covered" employer and you qualify as "covered" employee, then once you have put your employer on notice of a "serious health condition" the employer has certain duties. Since you have already provided your employer with your doctor's certification, then yes, you are covered under the statute for 12 weeks of unpaid leave with a guarantee to return to your same or similar position. To be safe, you need to keep in touch with your employer about any anticipated return dates.

posted by Elisa Ungerman  |  Jul 14, 2010 9:03 PM [EST]

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