You may be eligible for FMLA protection if you meet the following conditions: 1) If you’re an employee to the company for at least twelve months, and 2) If you have worked for a minimum of 1,250 hours during your twelve months period preceding your absence request. Additionally, that company must have at least 50 employees, and you have to live within 75 miles away from the working site.
What Protection Does FMLA Provide?
Any employer who is covered by FMLA must give eligible employees up to twelve weeks of leave during their twelve months if they fall under the following situations:
- The employee wants to give birth or take care of a newborn baby.
- The adoption or new foster care of a child in the home of the employee.
- Medical leave; when an employee isn’t in good health to perform his or her duty at work.
- When an employee must take care of a family member who is seriously ill, such as a parent, child, or spouse.
FMLA Leave – Is It A Paid Leave?
Generally speaking, FMLA leave is unpaid. Eligible employees can decide whether to use earned leave. The employer may use this unless your state prohibits it or allow an employee to choose paid leave.
When You’re Under FMLA Leave
It’s against the law for an employer to reject or interfere with your FMLA rights. Employers cannot discriminate against an employee for trying to exercise his FMLA rights. If an employer breaks the FMLA rules, the employee has the legal right to file an FMLA complaint and report to the U.S Department of Labor. It is a good idea to hire a lawyer to assist you with filing a lawsuit for violation of your rights.
Employers Should Find Out If A Leave Is Eligible Under FMLA
Employees often believe they are qualified for FMLA leave whenever they want to attend to something. They have to request permission for medical leave. The employer must find out whether they’re eligible for FMLA leave or not. But you have to make sure you know all the FMLA rights. If you deny an employee his powers, he can take legal action against you.
Do You Need An Attorney To Take Care Of Your Employment-Related Problems?
If there is a problem between employer and employee, they should try to resolve the issues between themselves. An employee should strongly consider hiring a lawyer to file a complaint. A lawyer will understand the situation and knows that employers can take advantage of employees.
You should also know that most employers have their team of lawyers. A dispute may arise between you and them. You don’t want to fight the battle alone. You need a tough guy who can deal with them and win your case. Employers have more experience than an employee, and they know how to deal with a dispute. If you don’t hire a lawyer, your chances of claiming your rights and damages are slim.
Finding A Lawyer
Once you have decided to hire a lawyer, you should find a lawyer that specializes in handling employment-related problems. Find someone with a good reputation. Check their website to see if they have positive reviews about their services. The Law Firm of Massey & Duffy has served the Gainesville, Ocala, Lake City, The Villages and surrounding areas for over ten years and has represented hundreds of clients in federal employment claims.
These employment lawyers will guide you on gathering relevant evidence, filing complaints, settling the lawsuit, and most importantly, defending your rights.