Contact our Madison County FMLA Lawyers If You Have Been Denied FMLA Leave
Since 1993 when President Bill Clinton signed the Family Medical Leave Act (FMLA) into law, eligible workers in the United States have been enjoying its protections. This Act grants some employees the right to take unpaid leave to deal with certain family and medical issues. These employees have the right to request leave and to know that they can return to their jobs without suffering adverse consequences.
Unfortunately, many employers do not want to grant their employees this leave, even though they have the right to take it. Other employers may not understand how the law works, especially the provision for intermittent leave. Many employees are simply not allowed to leave, while others face employment retaliation upon their return. These practices are prohibited under the Act, and an FMLA lawyer can help make things right.
What is FMLA?
The FMLA is an Act that allows qualifying employees to take up to 12 weeks of unpaid leave if they have a baby, a serious medical condition, or need to care for a family member with a serious illness. When asking for this leave, employers are not allowed to interfere with the request, deny the employee’s rights, discriminate against the employee, or retaliate against the employee.
FMLA is an extremely complex area of law. Under FMLA, an employee must meet certain eligibility requirements, and there are also specific procedural rules to follow.
Guidelines for FMLA Eligibility
The FMLA only applies to employers that have at least 50 employees. Those employees must be within a 75-mile radius from each other. To be eligible to take leave, employees must have been employed by the same employer for at least 12 calendar months before the start of their leave. During those 12 months, they must have also worked at least 1,250 hours.
When an employee wishes to take leave, he or she may take all 12 weeks at once, or break them up into smaller portions, referred to as intermittent leave. When employees realize that they will need to take FMLA time off in the near future, they must provide their employer with notice of the leave 30 days prior to taking it. If the medical condition is not foreseeable, employees must still provide their employer notice as soon as possible.
Returning to Work After FMLA Leave
When an employee returns to work after taking approved FMLA, he or she is usually entitled to return to the same position with the same pay and benefits. Failing to uphold these rights of the employee is one of the main types of FMLA violations. When this occurs, and an employee is demoted, has a deduction in pay, is terminated, or any other type of retaliation, that employee must contact an FMLA lawyer who serves Madison County.
Employers do have the right to ask for certification from a doctor that the employee is able to return to work. However, employers can only ask for this certification every 30 days. Even if an employee takes intermittent leave twice in the same month, an employer can only ask for this certification once.
If Your Rights Have Been Violated, Call a Madison County FMLA Lawyer Today
The Family and Medical Leave Act has been providing employees certain protections for nearly 30 years. Unfortunately, employers do not always uphold these rights. When they retaliate or violate any other part of FMLA, wronged employees should speak to an FMLA attorney serving in Madison County right away.
If you have been denied leave or have experienced employer retaliation for taking FMLA leave, contact Marshall & Forman, LLC today. We are well-versed in this area of law and will help you take the action required to restore your rights and get you any compensation you deserve. Call us today or fill out our online form so we can begin reviewing your case.