Hello
  1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

FMLA on paid suspension

Discussion in 'Medical Leave & Disability' started by mrtakagi, Dec 5, 2015.

  1. mrtakagi

    mrtakagi Law Topic Starter New Member

    Messages:
    3
    Likes Received:
    0
    Trophy Points:
    1
    Jurisdiction:
    Illinois
    Can someone request FMLA while on paid suspension?
     
  2. army judge

    army judge Super Moderator

    Messages:
    35,275
    Likes Received:
    6,185
    Trophy Points:
    113

    Sure, a person CAN request ANYTHING from ANYONE.
     
  3. cbg

    cbg Super Moderator

    Messages:
    8,890
    Likes Received:
    2,115
    Trophy Points:
    113

    They can request it, yes. Whether or not they would be eligible to receive it would depend on details you have not provided.

    Requesting is not getting, and eligibility for FMLA is set by Federal law.
     
  4. Betty3

    Betty3 Super Moderator

    Messages:
    6,967
    Likes Received:
    290
    Trophy Points:
    83

    IP address Il. (though doesn't mean for sure employee works there)
    Of course an employee can request it but that doesn't mean it will be approved. We don't have much information/details here.
     
  5. cbg

    cbg Super Moderator

    Messages:
    8,890
    Likes Received:
    2,115
    Trophy Points:
    113

    Since FMLA is a Federal law the state is immaterial.
     
  6. Betty3

    Betty3 Super Moderator

    Messages:
    6,967
    Likes Received:
    290
    Trophy Points:
    83

    I know FMLA is a federal law (as you also posted in your 1st post) & that the state is immaterial. OP posted another thread (different question) where I looked up IP address so I just posted it here also. OP is always asked when starting a thread to post state.

    (Some states do have their own version of "FMLA").
     
  7. cbg

    cbg Super Moderator

    Messages:
    8,890
    Likes Received:
    2,115
    Trophy Points:
    113

    IL has laws permitting paid leave for several circumstances, but for medical leave they follow Federal.

    Just for the record.
     
  8. ElleMD

    ElleMD Well-Known Member

    Messages:
    3,030
    Likes Received:
    496
    Trophy Points:
    83
    There is no reason to request FMLA if already off work and being paid. FMLA provides job protection only as far as would exist had you not taken leave. If you are terminated as a result of whatever got you the suspension, FMLA will not save you.
     
  9. Betty3

    Betty3 Super Moderator

    Messages:
    6,967
    Likes Received:
    290
    Trophy Points:
    83

    True re Il. but some states do as I said. (Employee in this case might not have worked in Il. - we don't know. I live in Il. but worked in Mo. I was saying you can't always go by IP address in all cases.)



     
  10. cbg

    cbg Super Moderator

    Messages:
    8,890
    Likes Received:
    2,115
    Trophy Points:
    113

    That's true - some do. I can't think of any states bordering IL that do, though.

    However, since the OP does not seem inclined to come back and answer any questions, and since I think Elle has put her finger on the issue, I'm not inclined to worry too much about it until or unless he does. :D
     
  11. Betty3

    Betty3 Super Moderator

    Messages:
    6,967
    Likes Received:
    290
    Trophy Points:
    83

    Agree!! :)
     

Share This Page