At The Rager Law Firm we have been protecting employees under the Family and Medical Leave Act (FMLA) who may need time off for specific caretaking responsibilities. Sometimes qualifying employees are denied such benefits or discriminated against throughout the whole process. FMLA helps employees who need to balance work and other important family responsibilities. However, these are complex legal matters that often need the expertise of a Pasadena Family Medical Leave Act Violation Attorney.
Although all employers with more than 50 employees must comply with the Family and Medical Leave Act (FMLA) not all employees may qualify for these benefits. The employee should have worked at least 12 months with at least 1,250 hours and on a location with 50 employees nearby, about 75-mile radius.
There are some reasons why an employee is covered by the FMLA:
Under most FMLA categories, only close relatives will qualify to receive benefits. However, some specific circumstances may warrant the caregiver to look after other family members such as siblings, cousins, aunts, and uncles. Serious health problems will involve inpatient care, problems associated with prenatal care, treatment of severe health problems, long-term or permanent incapacity, and so on.
It’s important you notify your employer in advance that you need to leave for an established reason and begin all the paperwork. You must notify your absence at least 30 days in advance. There are some unpredictable circumstances that will allow less time to notify your employer such as a spouse being involved in a car accident. After you give notice, the employer will provide you with all the paperwork and explain what your rights and obligations are under the Family and Medical Leave Act. You may be asked to provide a written proof of the reason for leave. If the reason why you are leaving is a family member’s medical condition you will also be required to submit a medical certification from the physician. When the reason for leave is active military service you will prove your relationship with the person called to military service and proof of service.
There are times when employers will deny your request for leave, will not provide the benefits accordingly or will keep harassing the employee and asking him or her to work during the leave period. It’s important you talk to an experienced Family Medical Leave Act Violation Attorney after your FMLA leave has expired. An attorney can protect your rights, help you get your job back or sue the employer if you were fired after taking an FMLA leave. Contact us today and schedule your initial case evaluation.
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