Ringgold FMLA Lawyer
It can sometimes be difficult to balance work and family responsibilities. This is more so when major life events arise such having a child or a major illness. You should not have to choose between your jobs and your family or medical responsibilities. Fortunately, the Family and Medical Leave Act can help in some situations when you need to take time off from work.
FMLA is a federal law that provides some employees with up to 12 weeks of unpaid leave per year. However, sometimes employees experience confusion or difficulty when seeking FMLA leave or when coming back to work after taking an approved leave. The law itself can be hard to understand. Worse, some employers may try to block their employees’ FMLA rights or retaliate against them for exercising their legal rights.
These and other situations may call for the help of a compassionate personal injury attorney. An experienced Ringgold FMLA lawyer can help if you have questions about your rights under FMLA.
Coverage Under FMLA for Ringgold Employees
FMLA applies to companies with 50 or more employees, all public agencies, and all public and private elementary and secondary schools. There is no minimum number of employees for public agencies and schools. Employees are generally eligible after they have worked for the employer for at 12 months, worked at least 1,250 hours over the past 12 months, and work at a location where the employer employees 50 or more employees within 75 miles.
Once an employee is eligible, they can take FMLA leave for the following reasons:
- Medical leave for a serious health condition
- To take care of an immediate family member who has a serious health condition
- For the birth and care of a newborn child
- For the placement of an adopted or foster child
As with all laws, there are exceptions and complexities that cannot be completely explained here. A skilled Ringgold FMLA lawyer can help with questions about particular circumstances.
Requesting Leave
When an employee requests FMLA leave, an employer must provide the employee with notice regarding their rights and responsibilities under the law. This is also true when an employer knows or has reason to know that the requested leave may be for a qualified reason. In other words, a covered employer cannot plead ignorance simply because an employee failed to request FMLA leave they would be eligible for under the law.
An employee seeking leave must comply with their employer’s requirements for requesting leave and give enough information for the employer to make a reasonable determination about whether the FMLA may apply. If the need for leave is foreseeable, an employee should give 30 days’ notice or as much notice as possible under the circumstances.
Returning to Work
The law requires that an employer restore employees returning from leave to their original job or an equivalent position. The job must have the same pay and benefits of the original job and the leave count an employee’s attendance. Any group health insurance must continue during and after they leave. If an employee is put in a job that pays less or is otherwise not equivalent, the employer may be liable for violations of the law.
Enforcement of FMLA Rights
FMLA also gives employees the right to sue their employer if it interferes with their rights under the law. Employers cannot interfere with the exercise of any FMLA right. They also cannot retaliate against an employee for having exercised any FMLA right.
The law also includes protections for whistleblowers that oppose or complain about any unlawful practice. When there are violations, Employees can pursue a complaint with the U.S. Department of Labor or file a civil lawsuit in court against the employer. For help with filing a case, a person should get in contact with a Ringgold FMLA lawyer.
Seeking Guidance from a Ringgold FMLA Attorney
Many employees will never have any problems with obtaining FMLA leave from their employer, but this is not always the case. If you think your employer has violated your FMLA rights, you should consider getting the getting the help of a Ringgold FMLA lawyer. An experienced attorney can assess your situation and advise you about possible actions to take.
