Family & Medical Leave Act

The federal Family and Medical Leave Act (FMLA) allows employees to take time off of work for family and medical related issues without losing their job. McConnell Law can help you navigate the FMLA process, determining whether your employer acted unlawfully and whether you may be eligible for compensation.

Do I have a Claim?

1. What is the Family and Medical Leave Act (FMLA)?

  • FMLA allows employees to take time off work to handle major life events without being fired or demoted.
  • If you work for any state or federal government agency, or you work for an employer who employs 50 or more workers, and you have worked there for at least one year, you qualify under the FMLA guidelines.
  • You are allowed up to 12 weeks of unpaid leave to attend to family and medical issues related to:
    • Child birth, whether you are the mother or father
    • Care for a child you have adopted, including foster care
    • Care for a spouse, child, or parent who has a serious health condition
    • Care for your own serious health condition
    • Care for a spouse, child, or parent who is a military member and on covered active duty
  • As an employee you may be entitled to intermittent leave
  • Accrued sick and vacation time may cover your FMLA leave

2. What are the steps for lawful FMLA leave?

  • An employee must give notice to their employer requesting leave under FMLA. Ideally, notice should be given 30 days prior to requested leave, if not, then as soon as possible.
  • An employer must give notice to their employee explaining the rights and responsibilities under FMLA,
  • An employee’s handbook must include FLMA information
  • An employer must determine if an employee’s leave is designated as FMLA leave and the amount of leave used and deducted
  • An employer may certify that the employee or the employee’s family member has a serious health condition that warrants FMLA leave
  • After an employee has taken leave under FMLA, they have the right to be restored to their original position – or it’s equivalent – with the same pay, benefits and other job conditions.
    • Leave cannot be counted against the employee’s attendance policy
    • An employer must provide the same health insurance to the re-instated employee

If your employer interferes with, restrains or denies your FMLA rights, you may be eligible for compensation

McConnell Law can help with your FMLA law issue.

Schedule a free consultation to explore your legal options.

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