Family Medical Leave Act – Do I Have A Case?
JUST WHAT IS THE FMLA AND WHEN CAN I USE IT? LET THE ATTORNEYS AT GOODIN ABERNATHY EXPLAIN IT
The FMLA entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave. Eligible employees are entitled to:
- Twelve work weeks of leave in a 12-month period for:
- the birth of a child and to care for the newborn child within one year of birth;
- the placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement;
- to care for the employee’s spouse, child, or parent who has a serious health condition;
- a serious health condition that makes the employee unable to perform the essential functions of his or her job;
- any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on “covered active duty;” or
- Twenty-six workweeks of leave during a single 12-month period to care for a covered servicemember with a serious injury or illness if the eligible employee is the servicemember’s spouse, son, daughter, parent, or next of kin (military caregiver leave).
The United States Department of Labor enforces the FMLA. Employers with over 50 employees within a certain geographical limit are required to comply with the FMLA. The FMLA requires that employers give employees unpaid leave, up to 12 weeks per year, to care for themselves or a family member if diagnosed with a serious illness. Unlike cases for discrimination that fall under the EEOC, the FMLA does not require that an employee exhaust administrative remedies. Therefore, if you believe you are a qualified employee and you have been denied FMLA leave, you can immediately sue your employer.
If you believe that your employer has denied your rights under the FMLA, then make it easy and call the Goodin Abernathy attorneys.
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