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Basic question re: disability leave

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  • Basic question re: disability leave

    I live in Mass and have a question regarding my husbands work situation. He is a chef and has a few medical issues he's dealing with due to working 16 hours every day. He is going to the doctor this Tuesday. We know nothing about the laws or what needs to happen to legally qualify for a medical leave. Any info would be greatly appreciated.

    Thank you

  • #2
    Originally posted by flores
    I live in Mass and have a question regarding my husbands work situation. He is a chef and has a few medical issues he's dealing with due to working 16 hours every day. He is going to the doctor this Tuesday. We know nothing about the laws or what needs to happen to legally qualify for a medical leave. Any info would be greatly appreciated.

    Thank you

    A lot of that will depend on what the doctor or doctors determine in terms of any disability he may have.

    It will also depend on filing for disability if it is determined by the doctor.
    Best to wait and see what the examinations and testings show and then he can find out the disability policy at his job vs. social security disability if that applies and start from there.
    Sue
    FORUM MODERATOR

    www.laborlawtalk.com

    Comment


    • #3
      Massachusetts and Workers Compensation

      Your message said that you believe his medical condition is caused by working 16 hours per day. If it is a work related medical condition, he may be covered by workers' compensation, which may cover both medical bills as well as time off benefits. The state of Massachusetts maintains a very good website answering questions about workers compensation. It may be found at: http://www.mass.gov/dia/EMPLOYEE/Employee.htm.

      If his disability is found not to be work-related, he may still be eligible for time off in the form of a medical leave. The Family Medical Leave Act (FMLA) is a federal law that mandates up to 12 weeks off per year for persons who need medical attention. FMLA leave does not require the employee to be paid, though most employers will permit the employee to use any vacation or sick time that he or she may have accrued. There are a number of eligibility issues with FMLA, however. For example, his employer must employ at least 50 people in a 75 mile radius in order to be required to comply. Also, he must have worked at least 1,250 hours in the past year in order to qualify. If either the employer or he does not meet those qualifications, FMLA benefits are not available to him.

      Even without FMLA, his employer may give him time off. But, it would be at the employer's discretion.

      My advice is that he take a more proactive stance with leave, rather than waiting until the medical exam. He should talk with his employer about their leave policies; he should look at the state workers' compensation regulations to see how he can have his medical condition qualified as a workers compensation issue and finally, he should take any forms that may be needed for workers compensation or any disability benefit that his employer may off to his doctor. This will expedite the process.

      Let us know if you have any other questions.
      Lillian Connell

      Forum Moderator
      www.laborlawtalk.com

      Comment

      The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.
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