Thanks Michelle for the information. It looks like we will need to look into to that for sure.
Here is the bad news I received from the lawyer....
If Adrian has worked for at least 12 monthsand have at least 1,250 hours of service during the 12 month period, he would be eligible for Family Medical Leave (FMLA). But if he does not meet those two criteria, then he is not entitled to FMLA. If he does qualify, then he would be entitled to twelve weeks of unpaid FMLA leave which would be inclusive of any vacation or Paid Time Off (PTO) benefits...as most companies require that the PTO be burned off at the beginning so that there is not 12 weeks of leave and then vacation, sick time, personal days, etc. added on.
If Adrian has not worked there for 12 months, that being the case, they don't even, by law, need to give the thirty days that they have granted as "leave of absence." There is no Florida law requiring a medical release, but all company's have a policy requiring it, and that is reasonable. They need to be sure that on return he can perform the essential functions of the job with or without accomodation safely. One thing that can change the dynamics of this, and I hope this is not the case, and that would be if he ends up with a disability covered by the Americans with Disability Act which would require them to go through an accomodation evaluation. That does not mean that they have to grant an accomodation, but if there is a reasonable accomodation, then they are required to offer it. If the accomodation would be unreasonable....expensive or causing disruption, etc. then they do not have to offer it.
Whether they offer part time work is strictly up to them as they are not required to offer it unless, ADA would consider it a reasonable accomodation.
The insurance matter is another thing...if you go out of network you will put yourself at risk...as insurance companies have a lot of discretion when that happens..and that it not good for you...so you will have to have their sign off if you go out of network. You don't want to end up having to pay for it yourself.
I am sorry to confirm bad news.
H. Middlenton
Pretty much the same as Jim Scott posted earlier. (Guess you've done your homework)
I am shocked that the laws do not do more to protect this sort of thing from happening to people. As far as I am concerned I am confident Adrian can find another job after he has recovered and I do not want him worring about trying to be fully back on his feet in 30 days. How can someone truly recover when they are watching the clock ticking as to how long it needs to take? He does not need that added stress all that will do is frustrate him if it takes longer than 30 days and I do not want him doing harm to himself by trying to rush back to work if he truly is not ready.
But this is not going to get us down. We will have that surgery on the 6th regardless of this. We will find a way and we will be ok.
Sam~