Columbus Family and Medical Leave Act Lawyer
Our Columbus FMLA attorney is adept at representing you if you experience issues with your employer related to your FMLA-protected medical leave.
What is the FMLA?
If you have a new baby or a serious illness that requires an extended leave from work, you may be entitled to unpaid, job-protected medical leave. If you are having difficulty with your employer or your employer otherwise refuses to comply with the law, contact an attorney right away. The Family and Medical Leave Act (“FMLA”) is one of the most complex areas of law so if you have questions about your leave at work, an employment lawyer can help.
The FMLA permits eligible employees to twelve weeks of unpaid leave from employment for any of the following reasons:
- Caring for a newborn child
- Placing a newborn child for adoption or foster care
- Caring for a spouse, child, or a parent due to a serious health condition
- The employee has a serious health condition and is unable to temporarily perform their job
Employers are prohibited from (1) interfering with, or denying the exercise of, an employee’s FMLA rights; (2) retaliating against an employee for exercising or attempting to exercise their rights to FMLA; (3) discharging or discriminating against an employee for opposing any act made unlawful under the FMLA; and (4) discharging or discriminating against an employee because they participated in a proceeding related to FMLA rights.
If your employer has taken any of the following actions or is otherwise harassing your because of your FMLA leave, contact our Columbus FMLA attorney today.
FMLA Guidelines for Eligibility
The FMLA only applies to employers with at least 50 employees within a 75-mile radius of the worksite. To qualify for FMLA leave, employees must have been employed for at least 12 months by the employer prior to the beginning of the leave, and they also must have worked at least 1,250 hours during the previous 12 months.
FMLA leave does not have to be continuous and may be taken on an intermittent basis, or a reduced leave schedule as necessitated by a serious medical condition.
If you have questions about your eligibility for FMLA medical leave, contact our Columbus FMLA attorney.
Providing Notice for Medical Leave
When medical leave is foreseeable, an employee must provide their employer with a 30-day notice of the leave if the employee is able. If providing a 30-day notice is not practicable, notice should be provided as soon as practicable.
For unforeseeable leave, employees should request leave either the same day or next business day. Since there are many nuances to the FMLA, speaking with an attorney is likely the best thing to do if you have any questions.
Returning to Work After a Medical Leave
Upon returning to work, an employee is entitled to obtain the same position held prior to leaving, and to receive the same pay, benefits, and other terms and conditions of employment, or an equivalent position. If your situation falls under the FMLA guidelines and you have not been restored to your position or an equivalent one following FMLA leave, you may have a claim. If you are not reinstated to your position following FMLA medical leave, contact our Columbus FMLA attorney.
After a medical leave, your employer does have the right to request a certification that ensures you are physically able to perform the duties of your job. However, an employer may not request certification each time an employee returns to work after intermittent leave. This request can only be made once every 30 days, and if there are reasonable safety concerns regarding the employee’s ability to safely perform their job.
Contact our Columbus FMLA Attorney for a FREE consultation
If you have questions related to a medical leave of absence which was due to an illness or a pregnancy, contact our office to speak with a Columbus FMLA attorney. We can help you understand your rights under the FMLA and our Columbus FMLA attorney will protect you from interference or retaliation. Call for a free consultation at 1-614-949-1181 with our Columbus FMLA attorney.