mediation ( missouri )

[veggietales]

I went to my mediation on the 14th, nothing was settled, and I need more treatment on my back. I am still afraid of losing my job. Jobs are not easy to find these days and who would hire me with a injured back. Any input or advice would be helpful.

[Bad Boy Bad Boy]

If your 12 weeks of FMLA run out, and your not in a Union protected class, your employer can hire a person, as it's their legal right to keep their business up and running.

[veggietales]

my employer isn't giving me the option to file under FMLA. they don't want to help me in any way. the day I went to mediation I was unable to work. I went down in my back 2 days before my mediation. I am at the present not able to work. What do I do? HELP, ADVICE!

[Bad Boy Bad Boy]

The Family & Medical Leave Act (FMLA) allows ”eligible” employees to take off up to 12 work weeks in any 12 month period for the birth or adoption of a child, to care for a family member, or if the employee themselves has serious health condition.

An “eligible” employee is an employee who has been employed by the employer for a least 12 months and worked at least 1,250 hours. The 12 months do not need to be consecutive. You are only an “eligible” employee if your employer employs 50 or more employees within 75 miles of the worksite.

FMLA can be taken on an intermittent basis allowing the employee to work on a less than full-time schedule.

The employee is entitled to have their benefits maintained, but they must continue to pay their portion during the leave. The employee also has the right to return to the same or equivalent position, pay, and benefits at the conclusion of their leave.

The eligible employee must provide 30 day advance notice for foreseeable events. The employer is allowed to ask the employee to obtain a certification from a medical provider testifying to the need for the employee to take the leave for themselves or for the family member. Upon completion of the leave the employer is allowed to require the employee to obtain a certification of fitness to return to work when the leave was due to the employee’s own health concerns. The employer can delay the start of FMLA for 30 days if the employee does not provide advance notice, and/or until the employee can provide certification from a medical provider.

If you and your spouse both work for the same employer. You cannot each take 12 weeks off for the birth of a child, when adopting a child, or to care for a parent with a serious health condition.

For additional information on FMLA go to: U.S. Department of Labor/FMLA


http://www.dol.gov/dol/topic/benefits-leave/fmla.htm

[1171]

veggietales Wrote:my employer isn't giving me the option to file under FMLA. they don't want to help me in any way. the day I went to mediation I was unable to work. I went down in my back 2 days before my mediation. I am at the present not able to work. What do I do? HELP, ADVICE!

following federal law is not an option or choice. If your employment is covered and you qualify you get it.
file a complaint.