Hurricane Katrina: Legal Issues - Columbus School of Law

The FMLA provides an option for employers to choose to make employees use accrued paid leave. Check with your
employer to determine their policies.
How should an employee apply for leave under the FMLA?
Usually, an employee must provide his or her employer with at least 30 days notice before taking an FMLA leave.
However, if the need was not foreseeable, then the employee must simply provide notice as soon as practicable; often
this means some sort of verbal or written notification within at least one to two days of the time when the need for
the leave becomes known.
What documentation is required for leave to be granted?
The employer may ask the employee to provide medical certification to document the need for an FMLA leave; a
copy of the medical certification form - WH-380 - is available in the forms section of this guide. If the employer was
the individual injured, then the employer may also request a statement from a doctor that the employee is well
enough to return to work.
Can an employee be fired for taking medical leave?
No, an employee cannot be fired for going on leave under the FMLA.
Who is eligible for leave under the ADA?
The ADA applies only to those employors with 15 or more employees for each working day in each of 20 or more
calendar work weeks in the current or proceeding year. An employee is "disabled" within the meaning of the ADA if
the employee has a physical or mental impairment with substantially limits one or more "major life activities," such
as walking, seeing, hearing, speaking, breathing, learning, working, sitting, standing, lifting, or reaching. Generally,
temporary impairments, such as pregnancy, are not protected disabilities under the ADA.
Job Searching and Assistance
What assistance is available to hurricane victims looking for a job?
Individuals in any county in Mississippi which has been declared a disaster area may benefit from a new program
which will seek to employ 10,000 displaced workers for the recovery effort. Jobs will involve providing food,
clothing, shelter, and humanitarian assistance for victims, as well as demolition, renovation and reconstruction of
destroyed public structures, facilities, and lands. To apply for one of these jobs, fill out the application available in
the forms appendix and either take it to your local WIN Job Center and mail it to:Mississippi Department of
Employment Security, ATTN: Temporary Recovery Jobs, Post Office 1699, Jackson, MS 39215-1699 or fax it to:
601-321-6598.
The US Department of Labor also runs the Job Career One-Stop Center, which is a federal job matching program.
This is available to all workers - not just those in disaster-affected areas. Those interested may either go to or call 1-
877-US-2JOBS.
Finally, the State of Mississippi encourages all those searching for employment in Mississippi to look for jobs online
at http://www.jobsearch.org/MS. Job seekers may also attend a Governor's Job Fair; information and dates are
available at http://www.jobfairs.ms.gov/index.html.
Family Law