Fmla Eligibility For Public Employees

Summary

Public agencies, including city governments, are covered by FMLA regardless of the number of employees. Eligible employees cannot be fired for taking FMLA leave, but employers can terminate employment for reasons unrelated to FMLA leave. Employers can require certification from a healthcare provider and may request a second or third opinion if they doubt the diagnosis.

Full Conversation

I have an FMLA question
Hello ****, I'd be happy to help you with your FMLA question. Could you please provide more details about your situation?
I work in public safety and my division only have * employees but the city has more.
Hello ****, thank you for the detail. Under the Family and Medical Leave Act (FMLA):
- It applies to employers who have * or more employees within * miles of the employee's worksite.
- Public agencies such as local, state, or federal government agencies are covered by FMLA regardless of the number of employees.
Given your situation, you should be covered. However, certain conditions apply for eligibility under FMLA.
Me not being at work disrupts work
****, it seems your absence might affect your team's work. Could you clarify if your concern is about possible repercussions due to your absence under FMLA?
Can I be fired
Under the FMLA, eligible employees cannot be fired for taking FMLA leave. However, employers can fire employees if they would have made the same decision without the employee taking FMLA leave. This can be due to poor performance, misconduct, etc.
City government is covered regardless of the number of employees?
Yes, ****. Under the Family and Medical Leave Act (FMLA), public agencies such as city governments are covered regardless of the number of employees. This means you should be eligible for FMLA leave.
can they challenge my diagnosis?
Under the FMLA, your employer has the right to require that you provide a certification from a health care provider to confirm your serious health condition. If they doubt the validity of the certification, they may, under certain circumstances, require a second or third opinion at their expense.