What to do ifI signed a relocation agreement but because ofmy wife’shealth issue had to apply for family and medical leave and I was let go?

UPDATED: Nov 9, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What to do ifI signed a relocation agreement but because ofmy wife’shealth issue had to apply for family and medical leave and I was let go?

As per agreement if I leave job voluntarily within 2 years I have to reimburse those expenses. After working 2 to 3 months I applied for 4 to 6 weeks unpaid vacation (family and medical leave) as my wife was not feeling well; she was expecting baby in couple months. She was in another state so I had to stay with her. I tried to explain that situation to my employer but they said no further information needed, if you don’t come to work by certain day we will assume that you have voluntarily resigned. Now I received letter from them that I have voluntarily resigned so I have to reimburse those expenses.

Asked on November 9, 2011 under Employment Labor Law, Alabama


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The probably can do this. As a general matter, employers are not required to allow employees to take leave, unpaid or not, even for medical reasons, the employee's own or his/her family's. (They may terminate employees who do not show up for work, or else consider the failure to show up as tantamount to resignation.) They only need to do so when specifically required by law, and the principal law on the subject, the Family and Medical Leave Act, does not appear to help you:

Not only must the employer be large enough to qualify (at leat 50 employees within a 75-mile radius), but you must have worked for the employer for 12 months or more before qualifying for FMLYA leave.

Therefore, it appears there is no protection or right for you to take a month+ of unpaid leave, even for your wife's medical reasons, after only working for 2 to 3 months.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption