LEARN YOUR RIGHTS. CONTACT A FMLA ATTORNEY LOS ANGELES
If you or a family member become ill, one of the biggest worries is being off from work for an extended period. In some situations, this would place an employee’s job in jeopardy. However, thanks to the Family Medical Leave Act, better known as FMLA, job protection has become a reality for most American workers. It allows eligible employees up to 12 weeks of unpaid leave annually without fear of job loss.
This law requires employers who get covered by it to maintain existing health benefits for workers on leave. Yet, due to the many complexities involved with FMLA, questions and disputes may arise should you take time off from your job. If you need answers to FMLA questions, here are some crucial details and why working with a Los Angeles employment lawyer from Mann & Elias will be necessary.
Which Employers are Bound by FMLA?
As for employers that are bound by FMLA guidelines, this includes all local, state, federal agencies and schools. Regarding private employers, FMLA must be followed by those that employ at least 50 workers for a minimum of 20 workweeks during the current or previous year. If you are involved in a dispute and have been denied family medical leave, do not hesitate to contact an attorney.
Am I Eligible for FMLA?
As an employee, you are eligible for FMLA if you meet specific criteria:
- You must work for an employer that is bound by guidelines.
- You must have worked for your employer for at least 12 months, incurred a minimum of 1,250 work hours for your employer during that time.
- You must work in a location where at least 50 employees work or be within a 75-mile radius of that location.
What Situations are Eligible for FMLA?
If you or a family member are involved in a health crisis, several situations may qualify you for coverage. For example, suppose the employee cannot work due to a severe medical issue or needs to care for an ill immediate family member. In that case, these situations fall under FMLA coverage.
Also, if you are an employee preparing to give birth to a child and need to be home to provide care for your newborn, you could qualify. In addition, should you decide to adopt a child or have a child placed with you under foster care, you may be eligible. Finally, if the employee’s spouse, parent, or child gets called to active military duty, FMLA can apply due to what is known as a “qualifying exigency.” Consult with a lawyer if your employer disputes your qualifications or rights to family leave.
Will I Be Paid While on FMLA Leave?
Unfortunately, FMLA does not require employers to pay employees. You can request any paid leave time you have accrued before taking the job-protected leave. In some situations, employers may require their employees to use paid leave time during their FMLA leave, so long as the employee is given proper notification. If questions arise regarding your ability to be paid via leave time while attempting to use FMLA, contact a lawyer at Mann & Elias immediately.
Can an Employer Refuse to Grant My FMLA Leave Request?
So long as you are an eligible employee and FMLA gets covered by your employer, your employer cannot deny your leave request. Should you face such a situation, do not accept this. Instead, turn to an attorney that is well-versed in family medical leave cases.
If I Complain about an FMLA Violation, Can I be Fired?
Absolutely not. Whenever there is an allegation of an FMLA violation, employers are in no way allowed to retaliate against employees making the allegations. If you have filed a complaint of this nature and believe your employer is retaliating against you, hire the services of a lawyer to ensure that your legal rights are protected.
Will I Lose My Job if I Take FMLA Leave?
Probably not, though there are exceptions. While employers cannot violate any rights granted under the act, they cannot use an employee out on FMLA leave as a negative factor when doing performance reviews or making hiring or firing decisions. They may be allowed to deny reinstatement to highly-paid salaried workers who are considered to work in “key” positions.
If you have been denied family medical leave and feel your rights have been violated, schedule a consultation today with a sick leave lawyer in Los Angeles at Mann & Elias.