Dublin FMLA Lawyer
Federal law requires that certain employers provide unpaid leave for employees under certain circumstances. The Family and Medical Leave Act (FMLA) offers 12 weeks of job-protected leave over a 12-month period to:
- Give birth and care for the newborn child
- Care for a child that has been adopted or in foster care
- Care for a close family member (spouse, child, or parent) who has a serious health condition
- Manage an employee’s serious health condition
FMLA also allows for 26 workweeks of leave during a 12-month period to care for a covered servicemember with a serious injury or illness. The eligible employee must be the servicemember’s spouse, child, or parent.
However, not all employees are eligible for FMLA leave. Employee must meet four conditions:
- They must work for a covered employer.
- They must work at a location where at least 50 employees work (or within 75 miles of the location).
- They must work 1,250 hours during the 12 months prior to the leave.
- They must have worked for the employer for 12 months. The employment does not have to be consecutive.
If you are eligible for FMLA leave and have been denied, contact the team at Oliver Law. Our Dublin FMLA lawyer will assess your case and help you understand your legal rights and options.
Requesting FMLA Leave
There is a process involved in requesting FMLA leave. The employee cannot simply demand it and expect that the employer will comply. Communication is key for both parties. Federal law requires the following:
- The employee must provide the employer with notice when they know they will need to leave the workplace for an extended period of time.
- The employer must review the request and notify the employee within five business days of the request as to whether or not they are an employee who is eligible for FMLA leave.
- The employer must then inform the employee of their FMLA rights and responsibilities.
- The employer can request a certification. The employee has 15 calendar days to provide a completed certification to the employer.
- The employer then has five business days to inform the employee as to whether or not the leave has been designated as FMLA.
- If the employee has been granted FMLA leave, the employee will take time off for up to 12 or 26 weeks, depending on the situation.
- After the leave ends and the employee returns to work, the employer must return the employee to the same job (or a nearly identical one).
Contact Oliver Law Office Today
A company should not deny an employee FMLA leave if they have met the requirements. If an employer has denied your leave or retaliated against you for taking leave, seek legal help right away.
Oliver Law Office can help you understand your legal rights in such a situation. Contact our Dublin FMLA lawyer today to schedule a consultation. Call (614) 220-9100 or fill out the online form.