FMLA Lawyer Near Me
The Family and Medical Leave Act (FMLA) guarantees qualifying employees a certain amount of unpaid, protected leave for specific family and medical-related reasons. If you are eligible for FMLA leave but were denied a request for leave by your employer, please do not hesitate to contact a member of our dedicated FMLA legal team today for help protecting your rights.
Which Employers are Covered by the FMLA?
Unfortunately, the FMLA only applies to certain employers, namely:
- Private-sector employers who have at least 50 employees working for them for no less than 20 work-weeks over the preceding calendar year;
- Public agencies, including local, state, and federal agencies, regardless of the number of workers they employ; and
- Both private and public elementary and secondary schools.
Only employers who fall under one of these categories will be required to honor an eligible employee’s request for FMLA leave.
Which Employees are Eligible for FMLA Leave?
Even if the FMLA covers an employer, it is only required to allow an employee to take leave if that individual is eligible, which means that he or she not only works for a covered employer but also:
- Has been employed by the covered employer for at least 12 months;
- Has provided no less than 1,250 hours of service for the covered employer during the one year period immediately preceding the request for leave; and
- Works in a location where the covered employer employs at least 50 workers within a 75-mile range.
While these requirements may seem restrictive, it is important to note that a person does not have to have worked for 12 consecutive months to be eligible for FMLA leave. Instead, an employee can add up any amount of time that he or she previously worked for an employer, including seasonal work, to meet the one-year requirement. The only exception to this rule applies when an employee took a break from service of seven years or more unless the break was due to military service as a reservist.
When both an employer and an employee are covered according to the FMLA’s requirements, an employee can take up to 12 workweeks of leave over a 12-month period, but only if the leave is requested for one of a few specific reasons, including:
- The birth or adoption of a child;
- To care for a spouse, child, or parent suffering from a serious health condition;
- For a serious illness or medical condition that makes it impossible for him or her to perform the essential functions of his or her job; or
- For an emergency arising out of the fact that a spouse, child, or parent is a service member currently on or called to active duty.
In some cases, eligible employees can take FMLA leave on an intermittent basis, which means that they can take leave in distinct blocks of time or by reducing the amount of time that he or she works each day or each week.
Contact an FMLA Lawyer Near Me
When an employer denies the exercise of a right guaranteed under the FMLA, the wronged employee can file a claim with the Wage and Hour Division or file a lawsuit against the employer in court. To learn more about the course of action you should take for your own case, please call (614) 463-9790 and one of the dedicated FMLA lawyers at Marshall & Forman, LLC will evaluate your case.