Sabatini and Associates, LLC Attorneys at Law :: Newington :: Hartford :: Connecticut

When someone is diagnosed with having gallstones or disease of the gall bladder, it is usually necessary to remove the gall bladder. The most common method now used is laparoscopic gall bladder removal or what is now as a laparoscopic cholycystectomy. During a laparoscopic cholycystectomy, a surgeon and an assistant use a laparoscopic instrument inserted through small holes in the abdomen to remove the gall bladder. The procedure for a laparoscopic gall bladder is no different than an open laparotomy. The gall bladder needs to be identified, as well as the structures leading into it, which are the cystic duct and cystic artery. Once those structures are identified, they are clipped and transected and the gall bladder is removed. Errors can occur during a laparoscopic gall bladder removal when the cystic duct and cystic artery are not properly identified and there are inadvertent injuries to the common bile duct or the common hepatic duct. These structures are adjacent to the cystic duct and lead into the liver and stomach. If these structures are clipped and transected, serious injuries can occur such as the bile from the liver being unable to drain, causing jaundice and pain. Injuries to the common hepatic duct and common bile duct which occur during laparoscopic gall bladder surgery are usually the result of negligence.

Q. If someone in my family is sick, can I get time off from work?

A. Yes, in some cases. The Family and Medical Leave Act (FMLA) allows some employees to take time off (usually unpaid) to care for a seriously ill child, parent (but not “in-law”) or spouse, and to recover from your own serious illness. The FMLA also allows you to take time off to care for a newborn or newly adopted child or foster child.  You may be able to (or be required to) first use any paid time off that you have, such as vacation days, to cover some or all of your leave.

Q. Who is covered under the FMLA?A. Both the state and federal government have FMLA laws–each with different rules. You will be covered under the federal FMLA if you have worked for at least 12 months for a private company that has 50 or more employees and you have worked 1250 hours within the last 12 months. You will be covered under Connecticut FMLA, if you have worked at least 12 months for an employer that has 75 or more employees and you have worked 1000 hours within the last 12 months. For both federal and Connecticut FMLA, only hours actually worked count–paid vacation, holiday or sick leave do not count.

Both the state and federal government have FMLA laws–each with different rules. You will be covered under the FMLA if you have worked for at least 12 months for a private company that has 50 or more employees you have worked 1250 hours within the last 12 months. You will be covered under FMLA, if you have worked at least 12 months for an employer that has 75 or more employees you have worked 1000 hours within the last 12 months. For both federal and Connecticut FMLA, only hours actually worked count–paid vacation, holiday or sick leave do not count. Q. How much leave can I get? Do I have to take the leave all at once?A. If you are covered under federal FMLA, you can get 12 weeks of unpaid leave in any 12-month period. If you are covered under Connecticut FMLA, you can get 16 weeks of unpaid leave in any 24-month period. (Connecticut state agency employees can get up to 24 weeks of unpaid leave.) You don’t have to take the leave all at once–it can be taken in parts or occasionally if your employer agrees or if it is medically necessary.  For example, a half a day at a time or by working fewer hours on a regular basis to attend appointments. 

If you are covered under FMLA, you can get 12 weeks of unpaid leave in any 12-month period. If you are covered under FMLA, you can get 16 weeks of unpaid leave in any 24-month period. (Connecticut state agency employees can get up to 24 weeks of unpaid leave.) You don’t have to take the leave all at once–it can be taken in parts or occasionally if your employer agrees or if it is medically necessary.  For example, a half a day at a time or by working fewer hours on a regular basis to attend appointments.  Q. Do my health benefits continue while I am out on leave?A. Yes. An employer must continue group health benefits throughout your leave. The payment arrangement for health benefits would continue as if you were still working. This means if your employer previously paid the benefits, you will not start paying for them yourself. However, if you pay for all or part of your benefits, you will continue to pay.

Yes. An employer must continue group health benefits throughout your leave. The payment arrangement for health benefits would continue as if you were still working. This means if your employer previously paid the benefits, you will not start paying for them yourself. However, if you pay for all or part of your benefits, you will continue to pay.