Dalton FMLA Lawyer

Anyone who works and has a family knows just how difficult it can be to balance the demands of the two. When that person becomes very sick, someone in the family becomes seriously ill, or there is a new addition to the family, it can seem impossible to take care of both the family and the job.

To protect employees when this happens, the Family Medical Leave Act (FMLA) was passed in 1993. When employees feel as though his or her rights have been violated under the FMLA, he or she can hire a Dalton FMLA lawyer to help them with the case. Make sure you hold your employer accountable and contact a Dalton attorney today.

Protections Under the FMLA

Under the FMLA, an employee may take up to 12 weeks of unpaid leave from their place of employment to care for themselves or for his or her sick or new family members. He or she may take these weeks all at the same time or can take them intermittently.

The 12 weeks provided by the FMLA apply to only one 12-month period. This means that should a family member become sick one year, the employee can take 12 weeks of FMLA leave to care for them. If within the next 12-month period, that same employee has a new baby or adopts, he or she may take another 12 weeks of leave.

Under the FMLA, an employer cannot punish or discriminate against the employee for taking his or her protected FMLA leave. After that 12-week period, the employee must be able to return to work, working in either the same position or in a higher-paying position.

Conditions for Leave

Unfortunately, not all employees are eligible for protected FMLA leave. He or she must meet some conditions beforehand. The biggest one is that the employee must have worked for the same employer for a minimum of 12 months before taking the leave. The employee must have also worked a minimum of 1,250 hours during the year prior to the date the leave will be. While this will allow part-time employees working an average of 25 hours a week to take FMLA leave, it will not allow those working much less to take the leave.

The second condition is that the employer must have a total of 50 employees or more. These employees can all be in the same location or they may be located within a 75-mile radius of the employee’s place of work. Unfortunately, this means that employees of small, local businesses are often not eligible for FMLA leave.

Lastly, employees must take the leave for the reasons it is provided for. This means that an employee must have a very sick family member, must have just welcomed a new baby or individual to the family, or must be very sick themselves.

How to Take FMLA Leave

When an employee is eligible to take FMLA leave, he or she must first ask their employer for the leave. However, when an employee tells the employer he or she needs time off work for a medical or other potentially covered reason, the employer must advise the employee of his or her FMLA rights. It is advised that employees provide his or her employers with as much notice as possible for the leave. In medical emergencies that do not allow for advance notice, employees should ask for the leave as soon as possible after the emergency.

At that time, the employer can ask the employee for medical reports or other documentation to support the reason for the leave. The employer can also request additional documentation during the employee’s leave.

Speak with a Dalton FMLA Attorney Today

Coping with a sick or new family member is difficult enough when coupled with issues taking an FMLA leave, it can be even more overwhelming. However, people in these situations have options.

If you meet the conditions for FMLA leave and have still been denied the leave from your employer, speak to a Dalton FMLA lawyer who can help you with your case. Often in these situations a quick decision and compensation are necessary and a qualified attorney can help you get it.