Are you looking for an FMLA lawyer? Sometimes unexpected things happen. Perhaps you injure yourself and need a medical treatment that will require some down time. Maybe your spouse, child, or parent is seriously ill and need you to take care of them.
Some unexpected issues aren’t bad situations, but they still prevent you from being able to perform the duties of your job. Maybe you had or adopted a child. If you are the child’s mother, you might need to take some time off of work before and after giving birth to recover. Regardless of if you personally gave birth to the child or not, it is important for you to have time off of work bond with your baby and adjust to your life with this bundle of joy in it.
The federal government recognizes that you health and the needs of your family should always come before your job, however not having the security that a job will still be there for you if you were to take time off might prevent you from taking the time you need for your biggest priorities. This is why the Family Medical Leave Act (FMLA) was enacted. FMLA requires employers to allow their employees to take up to 12 weeks off of work to address their medical needs and that of their family members, with confidence that you’ll have a job waiting for you when you’re in shape to return to work.
What does FMLA entitle me to?
FMLA protects you in the following ways:
- If you are a government employee or work for any company with more than 50 employees, your job must be reserved for up to 12 weeks of leave.
- Qualifying FMLA circumstances include caring for your own health or that of your spouse, child, or parent. Your in-laws do not count as a parent.
- Your job does not have to pay you during your leave of absence, but they have to maintain your benefits.
Having an FMLA lawyer through the process will help ensure that your rights are protected, and that your employer follows the federal FMLA guidelines for employers. If you are not sure if FMLA lawyer is necessary for your situation, check out our list indications, below.
Three Signs That You Need to Talk to an FMLA Lawyer
- If you are unsure of your rights and your employer is not forthcoming with the guidelines.
Perhaps your employer doesn’t know the rules they must follow. Some of our FMLA violation cases were unintentionally committed; most employers are not FMLA attorneys themselves. However that does not undo the stress and hardship our clients sustained in the situation. If your employer isn’t informed on FMLA laws, or proactive in making sure they are following them in your situation, it’s a good idea to talk to an FMLA lawyer so that you are armed with information to protect your rights.
- If your employer is actually violating your rights.
The circumstances in which FMLA is useful for are often very time sensitive. Even if you win FMLA violation settlements, you can never get the time back with your brand new baby. Perhaps a loved one is passing away and due to your fear of losing your job, you weren’t able to be by their side in their last days. No amount of compensation can make up for that. If your employer is not allowing you to take a leave of absence that you need to tend to your loved one’s medical care, it is better to have an FMLA lawyer before it’s too late.
Yes, your lawyer could take your employer to court after the fact so that you are compensated for your losses, but nothing could ever replace the time you lost.
- If you lost your job while rightfully on FMLA-entitled leave.
If your employer fails to keep your job available during your leave of absence, the only recourse they have is to offer you another position of equal or greater compensation. If your employer doesn’t uphold this requirement, you should suit up with an FMLA lawyer to get your job back.
Do you have questions about getting FMLA? Please let us know in the comment section below, or contact an FMLA lawyer today!