The Family Medical Leave Act (FMLA) of 1993 was enacted to provide medical leave for employees. The required leave is unpaid and may continue for up to 12 weeks. During that time, the employee's job is protected and he or she may not be terminated. If an employer fails to live up to his responsibilities under the FMLA, an employee may have a complaint.
The FMLA applies to companies that have more than 50 employees within 75 miles of each other. If you are working for a company that has fewer than 50 employees, you are not entitled to FMLA leave.
Time off under the Family and Medical Leave Act must be earned. An employee must have worked for the employer for at least 12 months and must have worked at least 1,250 hours within the prior 12 months to qualify for the leave.
Know what the law stipulates. It is important to note that FMLA leave is unpaid leave. An employer is not required to pay you while you are off work. It only states that the employer hold your job for you. Further, an employer may require you to use vacation time or sick time concurrently with FMLA leave.
Our Alabama FMLA Attorney Will Protect Your Rights
An employee who suffers from a chronic condition may take intermittent leave as needed because of a flare-up of the condition. In these circumstances the leave may have to be requested upon the employee's return. The employer may also require medical certification.
An employer may request that an employee provide advance leave notice and medical certification. If these cannot be produced, the request for time off may be denied. An employee typically must provide 30-days notice when the cause for the leave is predictable. Additionally, the employer may request that medical certification papers accompany the request if the employee has a serious health condition.
Under FMLA regulations, it is illegal for an employer to interfere with or refuse any rights available to the employee under FMLA. It is also illegal to terminate or discriminate against an employee for opposing any practice deemed unlawful by FMLA or for inclusion in any proceeding relating to FMLA.
Schedule A Free Consultation With Our Experienced FMLA Lawyer
If you feel your rights to time away from work have been unjustly denied, our Birmingham Family Medical Leave Act attorney can help. Call 205-588-2261 or toll free at 800-809-5913, or email to schedule an appointment.