Fort Oglethorpe FMLA Lawyer
The Family and Medical Leave Act (FMLA) requires employers to provide employees with the option to take unpaid, job-protected leave for family and medical reasons.
FMLA is supposed to be employee-friendly and easy to follow, but not all employers know all the rules, and some know the rules but do not follow them. Sometimes companies will deny leave for unlawful reasons, fire an employee for taking FMLA leave, refuse to reinstate an employee into their old job upon return, or otherwise fail to comply with the law.
If you are experiencing issues relating to FMLA, you should consider getting the help of a Fort Oglethorpe FMLA lawyer. An experienced workplace discrimination attorney could explain the law to you and help you determine what steps to take next.
Who Does FMLA Cover?
Employees of private companies with 50 or more employees are covered by FMLA if they have worked for the employer for at least 12 months, have worked at least 1,250 hours over the preceding year, and work at a location where at least 50 employees work within 75 miles.
FMLA also covers all employees of public agencies and elementary and secondary schools. In such cases, an employee does not need to work in a company with 50 or more people.
There are exceptions to FMLA provisions, therefore getting individual legal assistance from a Fort Oglethorpe FMLA lawyer is always advised.
What Does FMLA Provide?
Fort Oglethorpe FMLA lawyers are aware that FMLA imposes certain obligations on employers once an employee requests leave. An employer must provide an employee with information about their rights, applying to leave, and continuing their benefits. Employers also have the right to require medical certification before and during a leave.
Once eligible, an employee can take up to 12 weeks per year of unpaid leave for a serious health condition (either themselves or an immediate family member) or for the birth, adoption, or fostering of a child.
An employee has the right to return to their prior position or one substantially identical and must be allowed to continue health benefits while on leave.
Actionable Violations
Although the process of asking for and obtaining leave goes well for most employees, there are many ways that employers can violate the law. A few of these can be seen below:
- Discouraging an employee from taking time covered time off
- Requiring too much notice
- Requiring a particular type of notice
- Cutting off insurance during leave
- Pressuring an employee to return from leave
- Delaying the return to work
- Reinstating to a different position
- Counting leave against an employee
The law gives employees the right to complain to the U.S. Department of Labor or bring a private civil lawsuit for violations of FMLA. Fort Oglethorpe employees who are facing any problems relating to their leave requests should consider speaking with a Fort Oglethorpe FMLA attorney.
Getting Help from a Fort Oglethorpe FMLA Attorney
FMLA was put into law to give crucial job security to employees who need to take time off from work for family and medical necessities. Not being able to get necessary leave or not knowing whether your job will remain open for you can be very unsettling and confusing.
If you have questions about your rights or believe that your employer has violated FMLA, consulting with an experienced professional can be helpful.
A Fort Oglethorpe FMLA lawyer could coach you on how to approach a leave request, review your situation, identify any possible problems with how you have been treated, and advise you about the actions you can take. You deserve to have your rights protected.
