After much trial and error, I am pleased to bring back online the firm's quarterly newsletter in a reliable format. I hope you enjoy reading it and welcome your feedback. Of course, if you do not wish to receive future editions, simply click the "unsubscribe" button below. Thank you for your interest."
Sincerely,
Scott Fegley
Can a Serious Illness or Injury Cost You Your Job?
Unfortunately, all employees are not guaranteed medical leave in the event of a serious illness or injury. The federal Family Medical Leave Act (FMLA) applies only to employers who have fifty or more employees within seventy-five miles. Your average small business is not required by law to afford employees leave. Even the FMLA affords only twelve weeks of unpaid leave.
The Americans With Disabilities Act (ADA) may provide an exception in certain cases. The ADA applies to companies with fifteen or more employees and the equivalent state statutes may apply to companies with as few as one employee. The ADA can require an employer to provide medical leave as a "reasonable accommodation" to a person with a disability. The problem is how "disability" is defined.
A temporary condition such as a fracture or an intestinal virus is not a disability under the ADA. While a fracture could keep you out of work for months, the ADA does not view it as a disability as long as it is expected to heal. ADA leave is more common in situations where the employee has a chronic condition, such as a mental illness or heart disease, where periods of exacerbation may require hospitalization or short term care to bring the situation under control. An illness or injury that prevents an employee from returning to work for a much longer period may not be protected by the ADA. The courts have held that a person who is unlikely to work for a long time is, by definition, not a “qualified person with a disability” under the ADA.
To protect yourself against the loss of your job and your income due to an illness or injury, familiarize yourself with your employer's leave policy. If your employer offers short term or long term disability insurance benefits, ask for the summary plan descriptions and understand the requirements for eligibility. If your employer does not offer such benefits, or they are inadequate, you may want to purchase coverage of your own.
If you believe you may be entitled to leave under the ADA or the FMLA, ask your employer. The employer is required to discuss your leave request with you and determine whether you are eligible for leave. Your employer may not take any adverse action against you for requesting or for taking eligible leave and must return you to the same or a similar position. If you are not satisfied with your employer's response, you should seek professional counsel before your leave results in your termination.We're In New Jersey, Too!
Whether you work in Trenton, own property down the shore, or do business with companies in the Garden State, we can help! Scott Fegley has practiced on both sides of the river since 1987. In New Jersey, he has handled matters from Hackensack to Salem. The firm is equipped with the latest New Jersey research databases and legal resources. Whether you are injured on vacation or have a dispute with a New Jersey supplier, why risk your business with an out-of-town firm when someone you trust close to home can handle it for you?
Our Firm in the Community
On May 13 and May 20, 2005, Scott Fegley will conduct a mock trial exercise with Fifth Level students at the Quarry Hill Elementary School in the Pennsbury School District. The mock trial will be based on a civil case from 1792 to coincide with the students' study of the colonial period. The case, Hood v. Nesbit , was an actual dispute between a merchant and an insurance company over a ship lost at sea.
Mr. Fegley has two daughters in the Pennsbury School District. He is pleased to support the Pennsbury schools through the Pennsbury Partnership Program.
Win Phillies Tickets!
Test your legal knowledge by answering the following true/false questions. E-mail your responses to us. All persons who answer all five questions correctly will have their names placed in a random drawing for two lower level seats to an upcoming Phillies baseball game. The drawing will take place April 1. The answers and the winner's name will appear in the next edition of "Legal E-se."
- "Limited tort" means I have a limited time to file a lawsuit for a personal injury.
- In Pennsylvania, I have three days to revoke a real estate contract.
- If I am a non-exempt employee, I am entitled to pay at time-and-a-half for each hour I work in excess of forty (40) hours in one week.
- Anyone who receives an IRS 1099 form for work performed is considered an independent contractor.
- The Civil Rights Act of 1964 prohibits discrimination on the basis of race, sex, creed, color and national origin.