FMLA Attorney Columbus
Most employees are guaranteed a certain amount of unpaid leave every year by the Family and Medical Leave Act (FMLA). However, before employees can take FMLA leave, they must fulfill certain eligibility requirements. To find out more about these requirements and whether you or a loved one qualify for leave, please contact one of our dedicated FMLA attorneys in Columbus for legal assistance.
Who is Covered by the FMLA?
Only certain employers are required to provide FMLA leave to qualifying employees, namely those that fall under one of the following categories:
- Private-sector employers with no less than 50 employees;
- Public agencies; or
- Private and public elementary and secondary schools.
Qualifying employers are also only required to provide FMLA leave to employees who:
- Have been employed for no less than one year;
- Have provided at least 1,250 hours of service during the year preceding the request for leave; and
- Work in an area where the employer employs no less than 50 workers.
Fortunately, just because an employee has not worked for 12 consecutive months, does not mean that he or she will not be eligible for FMLA leave, as employees are permitted to add up any amount of time worked for an employer over the last seven years in order to meet the requirement.
Reason for the Request
When these elements have been satisfied, an employee is guaranteed up to 12 workweeks of leave over a single year if the purpose of the leave is:
- For the birth, adoption, or care of a newborn or recently adopted child;
- To recover from health complications related to pregnancy;
- To provide care for a seriously ill spouse, child, or parent;
- To recover from a serious medical condition from which the employee is suffering; or
- Because a child, spouse, or parent is on or is called to active military duty.
It is also possible for qualifying employees to take FMLA leave on an intermittent basis. This means that employees can request leave for distinct blocks of time, rather than all at once, or can reduce the number of hours worked each week. In most cases, FMLA leave is capped at 12 weeks, although it can be extended for up to 26 weeks during a single year. However, this is only possible if the leave is requested for the purpose of caring for a service member spouse, child, parent, or next of kin who is recovering from an injury.
In addition to guaranteeing employees the right to take family-related leave, the FMLA also prohibits employers from discriminating against employees for submitting requests for FMLA leave, helping authorities with an FMLA-related inquiry, or giving testimony in an FMLA proceeding.
Contact an FMLA Attorney Columbus
When an employer denies an employee the right to take FMLA leave, the wronged employee has the option of filing a claim with the Wage and Hour Division or can choose to file a lawsuit in court. To learn more about which course of action is most appropriate in your own case, please call Marshall & Forman, LLC at (614) 463-9790 and a member of our dedicated legal team will help you schedule an initial consultation with an experienced Columbus FMLA attorney.