Columbus FMLA Lawyer
The Family and Medical Leave Act (FMLA) is an important law that gives employees unpaid time off to attend to family or health issues. This law is a vital source of support for our clients who need some time away from work but don’t want to lose their jobs. Unfortunately, many employers either don’t know about their obligations under the FMLA or try to intimidate or retaliate against employees who request it. To find out more about your legal rights, contact our Columbus FMLA lawyer.
What is the FMLA & Who Qualifies?
Qualifying employees can take a maximum of 12 weeks of leave in a 12-month period. However, only certain employees are eligible. You can request FMLA leave if you meet the following:
- You must work for an employer covered by the FMLA
- You must have worked 1,250 hours during the previous 12 months for your employer
- Your employer must have at least 50 employees at your office or in a 75-mile radius
- You must have worked for your employer for at least 12 months, although these months need not be consecutive.
Employees take leave for many reasons, such as:
- The employee wants to care for a spouse, parent, or child with a serious medical condition.
- The employee cannot perform essential functions due to a serious health condition.
- The employee has adopted or given birth to a child within the past year, or else has received a foster care placement within the same time span.
- The employee has an urgent need stemming from their spouse, child or parent who is a covered service member on active duty.
An employer must leave the job open for the 12 weeks the employee is on leave. That means they can’t lay you off. Those using leave to take care of an ill servicemembers can take a maximum of 26 weeks.
Many employers in Columbus have very clear policies surrounding FMLA, but other employers unfairly deny leave or try to discourage it. Employees also have obligations under the law, such as providing notice to your employer when you need leave. You can take leave in hourly, daily, or weekly increments.
Employers often request certification. For example, if you are taking leave off to care for a sick spouse, your employer might want a medical doctor to certify your spouse’s medical condition. We can help with certification issues if they arise.
We Will Seek All Available Remedies
Employers cannot violate your FMLA rights at will. If you qualify, they must allow you to take time off according to the law’s guidelines. If they refuse to, we can help you seek time off, along with other remedies like backpay, front pay, liquidated damages, and attorneys’ fees. You might also seek reinstatement to your old job if your employer fired you for requesting FMLA leave.
There are many considerations with these cases. Please contact Oliver Law Office for a consultation. Our Columbus FMLA lawyer will review your case and help you understand whether you have further legal options.