Under the FMLA, you are entitled to time away from your workplace for certain health-related situations. Although you are not entitled to receive your pay during this time of absence, your job is protected and health insurance benefits must generally continue. Under the FMLA, you are entitled to take 12 weeks of unpaid leave during a twelve-month period for:
- The birth of a child and to care for a newborn child under one year of age;
- Caring for a newly adopted child or newly placed foster child during the first year of adoption or placement
- Providing care to your spouse, child, or a parent when any of them have a serious health condition; or
- A serious health condition that makes you unable to perform your job.
There are also rights under the FMLA to take unpaid medical leave to care for a service member that is a spouse, child, or parent and who has a qualifying condition.
This is brought up because Pam advised Joe that they are able to pay Kenny by reason that it is allowed in the personnel manual, which they must have referred to.
Under 2. page -28- Duration of leave – It states Annual Leave shall be limited to thirty (30) consecutive calendar days unless approved in ADVANCE by the Town Manager.
Although Pam stated Stacy Tebo signed off on the leave unfortunately the Town is still in trouble because of the Florida Medical Leave Act FMLA by reason that you will note, if one is unable to work because of an illness they receive medical insurance but are not entitled to pay. After 12 weeks their job could not be left open and the employee would have to find other means.
What the White Springs manual does is provide for 30 days pay which assists under the law to provide some pay during the employees absence and inability to work for the 12 weeks granted under the law. Unfortunately,for the legal geniuses at Town Hall and on the Council, the FMLA law trumps the manual. It was never intended for someone to have a critical illness and not go under disability and medicaid but to be paid for two years including medical insurance.
A prudent individual would not anticipate being paid for two years nor would a prudent manager feel that it would be correct to pay someone for not working.
THIS IS THE LAW WHITE SPRINGS – CHECK FMLA
Karin for the blog