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:
- When the employee wants to give birth or take care of a newborn baby.
- Adopting a child for new foster care 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, like a parent, child or spouse.
FMLA Leave – Is It A Paid Leave?
Generally speaking, FMLA leave is unpaid. Employees who are eligible can decide whether to use earned leave. The employer may use this unless it’s prohibited by your state. The employer may even allow an employee to choose paid leave.
What Employers Can not Do 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 claim your rights.
Employers Should Find Out If A Leave Is Qualified To Be Under FMLA
Employees often believe they are qualified for FMLA leave whenever they want to attend to something. They have to request permission for any medical leave. It’s the employer’s 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 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 they should try to resolve the issues. The best way to deal with the situation is for both parties to try this before filing any case against each. It is strongly recommended that the employee hire a lawyer to make claim his rights. A lawyer will fully understand the situation. He knows that employers can take advantage of employees.
You should also know that most employers have their own team of lawyers they work with. 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 clearly 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 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. The Law Firm of Massey & Duffy has served the Gainesville, Ocala, Lake City, the Villages and surrounding areas for over 10 years and has represented hundreds of clients in federal employment claims.
If you try to fix things by yourself you may regret it quickly. You have to hold strong evidence that can be used to support all your claims. A professional lawyer can guide you on how to gather all the evidence.
As you fail to collect and document evidence as they happen you’re losing the chance of winning the case. Remember that your employer isn’t waiting to get prosecuted by his employee. He has also prepared for what’s coming before he knocks you down. Get yourself a professional lawyer to fight for your rights that you have been denied by your employer.