14.44 Elements of Claim: Wrongful Termination (Employee Needed to Care for Covered Service member with a Serious Injury or Illness) is a claim brought by an employee against an employer who has wrongfully terminated them due to the employee’s need to care for a covereservicmember arr with a serious injury or illness. The employee must be able to prove that the termination was due to their need to care for a covered service member and that the termination was wrongful. In order to prove wrongful termination, the employee must demonstrate that the termination was in violation of the Uniformed Services Employment and Reemployment Rights Act (SERRA) or any other employment related law. Types of wrongful termination claims under the SERRA include: 1. Retaliation or discrimination due to the employee's military service or status. 2. Refusal to grant an employee the right to take leave for military service. 3. Refusal to reinstate an employee after military service. 4. Refusal to provide benefits to an employee after military service. 5. Refusal to grant an employee the right to take leave to care for a covered service member with a serious injury or illness.
14.44 ELEMENTS OF CLAIM: WRONGFUL TERMINATION (Employee Needed to Care for Covered Servicemember with a Serious Injury or Illness)
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FAQ
Serious health condition means an illness, injury, impairment, or physical or mental condition which requires: Overnight hospitalization (including prenatal care), including the period of incapacity or subsequent treatment in connection with the overnight care.
The Family and Medical Leave Act (FMLA) entitles eligible employees who work for covered employers to take unpaid, job-protected leave to care for a family member who is a covered veteran with a ?serious injury or illness?. FMLA leave for this purpose is called ?military caregiver leave.?
The FMLA defines a serious health condition as an illness, injury, impairment, or physical or mental condition that involves either inpatient care or continuing treatment by a health care provider. Both physical and mental health conditions qualify for FMLA leave.
A chronic condition whether physical or mental (e.g., rheumatoid arthritis, anxiety, dissociative disorders) that may cause occasional periods when an individual is unable to work is a qualifying serious health condition if it requires treatment by a health care provider at least twice a year and recurs over an
An employee who must miss work for multiple treatments has a serious health condition if the treatments are for: restorative surgery after an accident or injury, or. a condition that would require an absence of more than three days if not treated.
Military caregiver leave allows an eligible employee who is the spouse, son, daughter, parent, or next of kin of a covered servicemember with a serious injury or illness to take up to a total of 26 workweeks of unpaid leave during a ?single 12-month period? to provide care for the servicemember.
Major Medical Event means a medical event that is serious in nature and has an adverse effect on the Member's physical health.
The next of kin of a covered servicemember is the nearest blood relative, other than the covered servicemember's spouse, parent, son, or daughter, in the following order of priority: a blood relative who has been designated in writing by the servicemember as the next of kin for FMLA purposes.