employment) Janet now is bound by a wheel chair. Janet is taking a lot of time off form work to see her doctors. In addition her mother is sick and she wants to take a month off to take care of her mom. You would like to replace Janet with your nephew Kenny who is 30 years younger and full of energy. Explain your rights and possible liabilities.
2006-12-05 11:52:45 · 3 answers · asked by Boi P 1 in Business & Finance ➔ Careers & Employment
If you are in the United States of America there is a Federal law that is called the family leave act. You better review what your liabilities are if Janet should ask for a leave to take care of her mom. Also the Americans with Disabilities act would play into her employment.
2006-12-05 12:04:00 · answer #1 · answered by Dennis J 1 · 1⤊ 0⤋
You need to review the FLMA rules. Janet can take intermittent FLMA leave to care for your mother and for her own care. If she can preform her job, you needs be careful. Now, a key point if Janet goes on an extended FLMA, you need only guarantee a comparable job not the exact job. You also have some concerns the American Disabilities Act. The key is documentation. I hope you had a current job description before Janet's accident. If you can prove that the job requires action that reasonable accommodation will not provide, you may have an out.
2006-12-05 20:06:43 · answer #2 · answered by david42 5 · 0⤊ 0⤋
I am going thru a situation where I am missing work because of a back problem and am having to see a lot of doctors and needing to take time off of work. My employer has not followed my doctors restrictions and has told me numerous times that if I don't do as they say I will get written up or fired. I spoke with a lawyer and he had told me that legally they cant fire me because of this. I have all the paperwork filled out properly that they are asking for also. If my employer fires me, they did break the law according to the lawyer I spoke with.
So, you as Janets employer, you have to find a job at your company that she is able to do being in a wheelchair. If Janet has the proper FMLA paperwork filled out to take care of her mother and it is approved, you can not hold that against her. FMLA for employees is federally operated and you as Janet's employer cant fire her for taking FMLA.
If Janet is fired, she could contact an attorney and go after the place of employment for some kind of damages. I really am not sure what kind but she may be able to fight to have her job back atleast and any back wages compensated to her. So, you may be able to hire Kenny but not to put him in Janets position. I hope this helps out some.
2006-12-05 20:05:03 · answer #3 · answered by kerrberr95 5 · 0⤊ 0⤋