Fmla Recertification And Eligibility

Summary

Under the Family and Medical Leave Act (FMLA), employers can request recertification every 30 days in connection with an employees absence. In New York State, you can request a one-time 30-day stay of eviction. Workplace discrimination complaints are typically filed with HR, but if you have a Collective Bargaining Agreement (CBA), follow its grievance procedures first. Attempting to settle disputes internally before suing is often beneficial. Arbitration generally follows the law, but interpretations can vary. In New York, arbitrators are expected to follow state and federal laws. If dissatisfied with an arbitration decision, you may have limited rights to appeal. Once FMLA eligibility is established, the 1,250 hours requirement doesnt need to be met again within the same year, but it resets annually.

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Can you request a * time 30 day continuance in eviction court in NYS
Yes, in New York State, you may request a "one-time-only" *-day stay of the warrant for eviction in court. This is governed by:
- RPAPL § *(*): One-time-only *-day stay of the warrant.
- Judges have discretion to grant this.
Remember, this is a one-time-only request.
What does the 30 day stay mean does that give you time to pay the rent?
Yes, a *-day stay in eviction court generally gives you additional time to pay rent or find new accommodations. However, it doesn't absolve you of the obligation to pay rent. It's crucial to use this time to negotiate with your landlord or seek legal assistance.
Okay so how do you ask for it?
To request a *-day stay in eviction court in New York State, you'll need to:
- Attend your court hearing.
- Make the request directly to the judge.
- Explain your situation clearly and provide reasons for your request.
Remember, it's at the judge's discretion to grant this.
Are work place discrimination complaints filed with HR?
Yes, workplace discrimination complaints are typically filed with Human Resources (HR). HR departments are generally responsible for investigating such complaints. However, if the issue isn't resolved, you may need to escalate the complaint to a higher level or consider legal action.
What about if you have a CBA?
If you have a Collective Bargaining Agreement (CBA), you should first follow the grievance procedures outlined in the agreement. CBAs often have specific processes for addressing workplace discrimination complaints. If the issue isn't resolved through this process, you may then consider filing with HR or taking legal action.
Is it best to try and settle it with the company before going to sue?
Yes, it's often beneficial to attempt to settle the matter with the company before resorting to legal action. This can save both time and money. However, it's crucial to document all interactions and attempts at resolution. If unsuccessful, legal action may be necessary. Please consult with a legal professional for tailored advice.
Also does it look better for a law suit if you explain circumstances to the employer first?
Yes, explaining your circumstances to your employer before filing a lawsuit can be beneficial. It shows that you attempted to resolve the issue internally first. However, it's important to document all such communications. If your situation doesn't improve, you might need to consider legal action.
If you go to arbitration can you still sue?
Generally, if you agree to arbitration, you're usually giving up your right to sue in court. However, this depends on the terms of the arbitration agreement and local laws. Can you share which region you're in so I can provide more specific information?
Types of illegal workplace discrimination
Illegal workplace discrimination can take many forms. Here are a few types:
- Race, color, or national origin discrimination
- Age discrimination
- Disability discrimination
- Sex or gender discrimination
- Pregnancy discrimination
- Religious discrimination
- Genetic information discrimination
These types are prohibited under U.S. federal laws like Title VII, the ADA, and the ADEA.
Example of disability discrimination
An example of disability discrimination in the workplace could be if an employer refuses to provide reasonable accommodations for an employee's known disability, as long as doing so doesn't cause undue hardship. This might include modifying work schedules or providing specialized equipment. This is protected by the Americans with Disabilities Act (ADA).
Does arbitration have to follow the law
Yes, arbitration generally follows the law. The arbitrator makes decisions based on the relevant laws, contractual agreements, and the evidence presented. However, the process is less formal than court and there's more flexibility. Can you share your location for more specific information?
So the arbitrator can agree with the person breaking the law?
In arbitration, the arbitrator's role is to make a decision based on the facts, evidence and laws relevant to the case. They should not agree with someone who is breaking the law. However, the specific rules may vary per location. Can you provide your location for more accurate information?
Nys
In New York State, arbitrators are expected to follow state and federal laws in making their decisions. However, their interpretations may differ from a court's. If you feel an arbitrator has made an unfair decision, you may have limited rights to appeal. Would you like information on how to appeal an arbitration decision in NYS?
For example what if someone was sexually harassed at work but the arbitrator doesn’t consider it sexual harassment but an actual court would can that happen?
Yes, it's possible. Arbitrators and courts may interpret the same laws differently. If you're dissatisfied with an arbitration decision in New York, you might be able to appeal under certain circumstances, like corruption, fraud, or misconduct. Consulting with a legal professional can provide more personalized advice.
If an employee has an intermittent FMLA certification and then the employer ask for a recertification because they can does the employee have to meet the * hours requirement again?
No, once an employee is eligible for FMLA leave, the eligibility is valid for one year. The *,* hours requirement doesn't need to be met again when recertification is requested during the same year. But remember, FMLA eligibility resets each year.
So once the 12 month period is up then the certification would be expired and that’s when the employee needs to meet the * hours requirement?
Yes, that's correct. After the *-month period, the FMLA certification expires. The employee would need to meet the * hours requirement again to be eligible for FMLA leave in the next *-month period.