ANY SUGGESTIONS?? I AM OUT SICK FROM WORK FOR OVER A MON. BRONCHITIS,INTO WHOOPING COUGH THEN BROKEN RIB FROM.COUGHING....
I used up all my FMLA time cuz my hsbd had maj surgery then they made a med error he went into kidney failure I had to feed him bathe him etc. My FMLA started 4/16/14 but employer said it is on a rolling cal yr. So they call me to tell me my job is not protected I got so upset my pressure went to 190/110 now I am sitting home waiting for a phone call if I am terminated or not. I called FMLA directly and they said I am ok and my job IS protected. Can an employers call you at home while on disability and do that???
4 attorney answers
I am sorry to hear about your problems. I need more information. For example, what was the medical error? What long term damage did your husband suffer? You should consult an experienced personal injury attorney immediately for a free consultation, There is a time deadline to take action. Good luck.
This answer is given for informational purposes only. It is not legal advice, and should not be relied upon as such. You should consult a qualified attorney in your jurisdiction for a formal legal opinion as to any legal issues you may have.
This does not appear to be a medical negligence issue?? Are you saying you received negligent medical care that caused yo an injury? This appears to be an employment rights issue. I suggest you re-post your question under a different category.
If you feel this is the "best" answer or is "helpful," please indicate. Since I am limited to the information you provide, I cannot guarantee the accuracy of the answer. You should seek the advise of an attorney who can explore all aspects of your question. This communication does not form an attorney client relationship.
Your question presents issues in two different areas of the law.
Your situation with your employer under the FMLA is a labor law question, and should be presented to a labor/employment attorney in your area. Generally speaking, eligible employees are only entitled to take up to 12 workweeks of FMLA leave in a 12-month period. That *may* be the reason you are no longer protected. (Your question says leave started in 2014. I assume that is a typo). Please consult with a qualified professional immediately.
The second issue, of course, is the medical negligence that disabled your husband. You should speak with a personal injury specialist who does medical malpractice law immediately. There is a two year statute of limitations under New Jersey law. There may also be notice and other requirements.
I wish you and your husband the very best.