What is FMLA?
FMLA stands for the Family and Medical Leave Act. The FMLA was created in 1993 by the United States government to provide employees with job-protected unpaid leave for up to 12 weeks per year. Navigating FMLA laws and regulations can be confusing, making it important to understand your rights under FMLA as an employee, and how you can use FMLA with your employer. Communication with your employer is key to avoiding misunderstandings and complications when you need to take FMLA leave from your job.
Employees that are eligible for FMLA leave are entitled to 12 workweeks of leave in a 12-month period for the following:
To exercise FMLA rights, you must work for an employer that is covered under FMLA. The general rule of thumb is that private employers who employ at least 50 people within 75 miles of your worksite are covered under FMLA. This rule applies to federally-mandated FMLA laws, but an employer with less than 50 employees may be subject to state-level laws and regulations regarding medical leave. It’s important to check with our Ohio FMLA attorneys for the laws and regulations that may apply to you.
In cases where an employee does work for a private employer that employs at least 50 people, to qualify for FMLA leave you must be employed for 12 months and have worked for 1,250 hours in that 12-month period.
To request FMLA leave, you must give your employer sufficient notice. Remember, communication is key to avoiding misunderstandings regarding FMLA leave and when or how you can use it. If you are pregnant or have a scheduled surgery, informing your employer at least 30 days beforehand is sufficient time for your request. Sometimes an emergency arises, in those instances you must inform your employer that you need FMLA to take care of a parent, child, or spouse as soon as you can, you must also follow the employer’s call-in and time off procedures.
Why You Need a FMLA Attorney
The Family and Medical Leave Act was designed to protect employee rights to their job when experiencing medical stress for themselves or a family member. It is prohibited under the FMLA for employers to fire or discriminate against employees for taking approved FMLA leave or interfering with or rejecting the employee’s right to exercise FMLA. While the employee is on an extended leave, if they follow procedure and do not use more time than allotted under FMLA, they have the right to return to their job without discrimination, retaliation or demotion.
If you have taken FMLA leave and your employer terminated you, discriminated against you, or retaliated against you and your job was negatively affected, then contact a FMLA lawyer in to review your case and assist you in filing charges against your employer. The nuances of FMLA can be difficult to navigate, making it important to have a skilled and experienced attorney on your side to help you.
Contact a FMLA Attorney
If you believe that your employer has breached FMLA laws and retaliated against you or discriminated against you for requesting and/or taking FMLA leave, contact Barkan Meizlish DeRose Cox, LLP for a free consultation. Our team of legal experts can help you determine your options when your rights under FMLA have been violated by an employer. We are ready to provide legal counsel for your next steps. Gathering evidence and documentation are an important part in filing a FMLA claim. It is imperative that you don’t miss any crucial evidence that would help your case.
Our FMLA Attorneys:
“Bob DeRose was a huge help in getting my complaint settled. They were responsive and a huge help with all my questions. Would recommend them to anyone who needs help!”
My experience with this Law firm was phenomenal. I found my way into their offices after an unexpected workplace injury. Initially I was clueless about their performance.
The fact that I was not merely looking out for a supplement for my financial budget, I was simply there to explore whatever compensation was due me since the injury legitimately occcured “during and in the course of my employment”.
After an initial visit to the offices where the necessary documentation were initiated, the rest were simply a phone call for updates. Sometimes it was even needless.
They frankly discussed the pathway as well as the unpredictability of the timing for the process.This was necessary. I took that in good faith. The fact that there was no upfront payment was also a good thing.
Without monitoring my calendar, I waited patiently for the various
phases of the process to unfold.
Finally the claim was settled with so much transparency. The unpredictable journey ended with a check delivered to my mailbox.
In fact communications from this Law office is always expedient. The Front Desk Associate was very helpful and polite at all times. My attorney’s paralegal was always available to play her part whenever necessary.“
“They are top-notch attorneys who are experts in their fields. They do great work and are easy to work with. They care about their clients and always try to do the best job possible for them.”
“I had an amazing experience working with Sandy and Robin on my case. Robin was just a short email or call away from all of my questions. The communication I had with Sandy was just as great. Both Sandy and Robin made sure I knew exactly what was going on with my case at all times. I will be recommending them to others. If I ever need help legal matters in the future, I know I can get the help from Sandy Meizlish.”
“Hi Mr. Sanford A. Meizlish,
Just want to thank you and Robin Griffin for taking care of my case. You were very helpful from my very first call. I appreciate it very much.” – Marina S. (email published with permission)
“I could not be any more pleased with my experience with Jason Cox and Barkan Meizlish. The service, care, and communication with my legal counsel was outstanding and I truly appreciate the quick and thorough resolution to my case. I am grateful for the dedicated hard work of the legal team, they deserve all the thank I can give.”
“Barkan Meizlish DeRose Cox, LLP brought great attention to my case when I needed it. They fought right by my side and were fair with the entire process. Their team was a great help. I’d recommend them to anyone.”
“A-1 team to work with indeed”
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