Cleveland, TN FMLA Lawyer

Many people who go to work still have a family to care for when he or she goes home. And sometimes, those families need more care than usual. During these times, an employee may have to take a leave of work to provide this care.

It is for this reason that in 1993, the Family Medical Leave Act (FMLA) was passed. And when employers do not want to abide by it, employees can consult a Cleveland FMLA lawyer to help them get that leave. Obtain a seasoned attorney if your labor rights have been violated.

FMLA Benefits

The FMLA provides employees with up to 12 weeks of unpaid leave from work and guarantees he or she may return to their job without repercussions after that leave.

While most employers must abide by the FMLA, some do not. Only employers with at least 50 employees for at least 20 weeks in the current or previous year must adhere to the act.

The employer has the right to apply vacation time to the FMLA leave. It is also important to note that while employees are guaranteed to return their job without discrimination or punishment, FMLA leaves are unpaid. Employees must also meet certain qualifications to take a leave.

Qualifying for Leave

An employee must have worked for the employer for at least 12 months, although when it pertains to seasonal work those weeks do not have to be consecutive. During those 12 months, an employee must have worked at least 1,250 hours for that employer.

A person may take a qualified leave all at once or he or she can break up the 12 weeks and take them intermittently. No employee can be fired while they are on leave and he or she must be able to return to their same job with the same pay, or one that is higher in pay. In future considerations for promotions or disciplinary actions, an employer cannot hold a FMLA leave against an employee.

The 12-week period provided by the FMLA is applicable every 12-month period. This means that if an employee takes a FMLA leave one year and he or she needs to take another FMLA leave the following year, he or she may be qualified to do so.

Possible Reasons for FMLA Leave

Any time an employee needs to provide extended care to a family member, he or she may be eligible for a FMLA leave. Some of the possible reasons for taking the leave may include when the employee or their family member:

  • Has a serious health condition that requires a stay of one night or longer in a hospital or other medical care facility
  • Requires ongoing medical treatment for three consecutive days or more
  • Has a chronic condition that prevents them from functioning in a normal capacity and that requires medical treatment at least twice a year
  • Is experiencing a difficult pregnancy such as extreme morning sickness or bed rest prescribed for a high-risk pregnancy
  • Gave birth and needs to stay home to care for and bond with the newborn
  • Suffered an injury while in the line of duty in the military

Ask for Help from a Cleveland FMLA Attorney

When an employer will not abide by laws and provide FMLA leaves an employee is eligible for, the employee is often left in a stressful position. He or she often does not want to fight the employer and many times, he or she is not even sure what actions to take.

In these situations, a Cleveland FMLA lawyer can help. An experienced attorney will know what channels to go through and who to speak with to get the leave for the employee so he or she can care for themselves or their family. If you were denied leave you are qualified for, speak to an attorney today.