If you’re working for a company that has at least 50 employees and you’re within 75 miles away from the working site, you’re eligible for FMLA protection if you meet the following conditions: 1) If you’re an employee to the company for at least twelve month, they don’t necessarily have to be consecutive and 2) If you have worked for a minimum of 1,250 hours during your twelve months period preceding your absence request.
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;
- When the employee wants to give birth or take care of a newborn baby.
- Adopting a child for new foster care in the house of the employee.
- Medical leave; when an employee isn’t in a good health to perform his or her duty at work.
- When they want to take care of a family member who is seriously ill, like a parent, child or spouse.
FMLA Leave – Is It A Paid Leave?
Generally speaking FMLA leave is unpaid, but employees who are eligible can decide whether to use earned leave or sometimes the employer may need it, unless it’s prohibited by your state, your employer can allow an employee to choose paid leave.
What Employers Can not Do When You’re Under FMLA Leave!
It’s against the law for any employer to reject or interfere with your FMLA rights. Employers cannot discriminate any employee for trying tying to exercise his FMLA rights. If any employer breaks the FMLA rules, the employee has the legal rights to file FMLA complain, report to the U.S department of labor or hire lawyer to claim his rights.
Employers Should Find Out If A Leave Is Qualified To Be Under FMLA
Most of the time employees believe they are qualified for FMLA leave whenever they want to attend to something. They can request for unnecessary medical leave or taking of a family member, it’s employers duty to find out whether they’re qualified for FMLA leave or not. But you have to make sure you know all the FMLA rights, if not and you deny an employee his rights 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, the best way to deal with the situation is for both parties to try and resolve the situation before filing any case against each. But when situation is worse and they settle with each other it is strongly recommended that the employee should hire a lawyer to claim his legal rights that have been violated. A lawyer will fully understand your situation and he knows that employers are taking advantage of powerless employees to treat them the way they want.
You should also know that most employers have their own team of lawyers they work together with in case a dispute rises between you and them. So you cannot fight the
battle alone, you need a tough guy who can deal with them and win your case. Employers have more experience than employee and they know clearly how to deal with dispute. If don’t hire a lawyer you chances of claiming your right and damages that have been done to you is slim.
Finding A Lawyer
Once you made the decision 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. Talk to different attorneys and compare rates.
If you waste time trying to fix things by yourself you’ll end worsening things and you can’t document things when they happen. You have to hold strong evidences that can be used to support all your claims. Only a professional lawyer can guide you on how to gather all those evidences.
As you fail to collect and document evidences as they happen you’re losing the chances of winning the case. Remember that your employer isn’t waiting to get prosecuted by his employee. He has also prepare for what’s coming, before he knocks you down why don’t you get yourself a professional lawyer to help get compensated for your rights that have been denied by your employer.